Independent Contractor Exclusion Enforced
In Metropolitan Heat & Power Co., Inc. v. AIG Claims Services, Inc. (NY App., 2nd Dept., Jan. 8, 2008), the court held that an independent contractor exclusion in a general contractor’s CGL policy barred coverage for injuries sustained by a subcontractor hired to install a boiler. The exclusion applied to damages "arising out of operations performed for any insured by independent contractors." The general was also denied coverage under the subcontractor’s policy because it was not explicitly listed as a named or additional insured on the policy. The certificate of insurance, issued for information only, conferred no rights upon the plaintiff as the certificate holder.
