Fourth Department — Breach of Contract: General Motors v. B.J. Muirhead Co.

Appellate Division, Fourth Department

Breach of Contract

Insurance Coverage

General Motors v. B.J. Muirhead Co.
CA 13-01580
Appealed from Supreme Court, Erie County

Background: The plaintiff and defendant entered into an agreement whereby the defendant would provide certain maintenance services at a plant owned by the plaintiff. One of the defendant’s employees commenced an action against the plaintiff alleging he was injured by a dangerous condition on the premises; the defendant’s insurer declined to defend the plaintiff arguing that the plaintiff was not a named insured. Thereafter, the plaintiff commenced a breach of contract action. The defendant appealed from the grant of summary judgment to the plaintiff.

Ruling: The Appellate Division reversed and dismissed the complaint. The court held that the agreement between the parties did not require the defendant to obtain insurance on behalf of the plaintiff.

David L. Roach of Blair & Roach for the defendant-appellant Timothy J. McHugh of Lavin, O’Neil, Ricci, Cedrone & Disipio for the plaintiff-respondent