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Certain Underwriters at Lloyd's, London, Subscribing to Policy No. BN100917 v. G&P Boston Properties, LLC

United States District Court, District of Massachusetts

March 18, 2015

CERTAIN UNDERWRITERS AT LLOYD’S, LONDON, SUBSCRIBING TO POLICY NUMBER BN100917, Plaintiff,
v.
G&P BOSTON PROPERTIES LLC, GREG GRANT, PAUL GRANT, 143 HIGH, LLC, LUIS MUNOZ, WINTER HILL GENERAL CONTRACTOR, INC., and LUCIANO DOVAL, Defendants. NAUTILUS INSURANCE COMPANY, Plaintiff,
v.
WINTER HILL GENERAL CONTRACTOR, INC. and GUGAS HOME IMPROVEMENTS, INC., Defendants.

OPINION AND ORDER

George A. O’Toole, Jr., United States District Judge.

This action arises from injuries sustained by an employee at a construction site. Two actions filed by insurance companies – Nautilus Insurance Company and Certain Underwriters at Lloyd’s – were consolidated by this Court on November 4, 2014. Both Nautilus and Certain Underwriters seek a declaratory judgment that they have no duty to defend or indemnify 143 High, LLC and Winter Hill General Contractor, Inc., named defendants in a state court action arising from the employee’s injuries, and Gugas Home Improvements. Nautilus and Certain Underwriters have since filed motions for summary judgment.

I. Facts

The parties do not dispute the essential facts. In March 2012, Luis Munoz, an employee of Gugas Home Improvements, suffered injuries while performing roofing work on property owned by 143 High. 143 High had hired DoVal Remodeling as a general contractor to complete renovations on the property. DoVal Remodeling hired Winter Hill as a subcontractor to perform roofing work and, in turn, Winter Hill hired Gugas Home Improvements to provide additional workers on the roofing project.

Munoz filed an action in Suffolk Superior Court against 143 High, Winter Hill, and Luciano DoVal, the president of DoVal Remodeling. Nautilus and Certain Underwriters now seek a declaratory judgment that they have no duty to defend or indemnify Winter Hill, Gugas Home Improvements, or 143 High in that action.

II. The Nautilus Policy

Nautilus Insurance Company issued commercial general liability policies to Winter Hill for the policy period of March 23, 2011 to March 23, 2012 and to Gugas Home Improvements for the policy period of July 26, 2011 to July 22, 2012. Both policies contained the two exclusions at issue in this action. The first exclusion provides:

This insurance does not apply to:

e. Injury to Employees, Contractors, Volunteers and Other Workers “Bodily injury” to
(1) “Employees”, “leased workers”, “temporary workers”, “volunteer workers”, statutory “employees”, casual workers, seasonal workers, contractors, subcontractors, or independent contractors of any insured; or
(2) Any insured’s contractors’, subcontractors’ or independent contractors’ “employees”, “leased workers”, “temporary workers”, “volunteer workers”, statutory “employees”, casual workers, seasonal workers, contractors, subcontractors or independent contractors

arising out of and in the course of:

(a) Employment by any insured; or
(b) Directly or indirectly performing duties related to the conduct of any ...

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