Federated Mutual Ins. Co. v. National Union Fire Ins. Co. of Pittsburgh
Plaintiff and cross defendant, Federated Mutual Insurance Company, appeals after summary judgment in an insurance coverage action was entered in favor of defendant and cross complainant, National Union Fire Insurance Company of Pittsburgh, Pa. Plaintiff insured Accurate Forklift (the forklift company). Defendant insured Kendall Jackson La Crema Winery (the winery). Summary judgment was entered after the parties filed cross summary judgment motions. Court agree with plaintiff that: defendants insured, the winery, had a duty to procure adequate public liability insurance against bodily injury; the winery had a contractual duty to have the forklift company named as an insured under the policy; the winery complied with its duty to procure adequate public liability insurance against bodily injury and have the forklift company named as an insured under defendants policy; the accident which gave rise to the underlying lawsuit is an occurrence within the meaning of defendants policy and the additional insured endorsement; and there is thus a triable issue as to whether the forklift company qualifies as an additional insured under an endorsement attached to defendants policy. Hence, we reverse the order granting defendants summary judgment motion. Because Court reverse the judgment, Court need not address the parties prejudgment interest contentions.
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