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Plaintiff Sues for Construction Accident Injuries, Summary Judgment Granted by Appellate Court


The plaintiff in the case is Aragon, LLC. The defendants in the case are Scottsdale Insurance Company and Sterling Group, Inc.

Plaintiff Argument

In this case of insurance declaratory judgment action the plaintiff Aragon moves for a summary judgment. The plaintiff declares they are entitled to indemnification and defense from the defendant, Scottsdale Insurance Company as an additional insurance in a personal injury action titled “Bernard Ford versus 250 Park LLC, or the “Ford Action.” The plaintiff seeks reimbursement for attorney fees as well as expenses incurred.

Case Facts

In the previous case, the Ford Action, Bernard Ford alleges that he was employed as a sheet metal mechanic on October 13, 2005 for EZ Mechanical Contracting, Inc., when he fell off a construction accident at the project they were working at located at 250 Park Avenue South. The particulars of the case state that Aragon had violated labor laws and was generally negligent in the case.

Before the accident occurred, Aragon had entered into a construction agreement with the defendant, Sterling Group for construction work to be performed at 250 Park Avenue South. A New York Injury Lawyer said the contract required Sterling to maintain insurance policies in the amounts that are required for this type of project. A general liability policy of insurance was issued to Sterling by Scottsdale and it contains a Blanket Additional Insured Endorsement.

After the accident, Aragon sought additional insurance coverage under this blanket policy and Scottsdale denied the request.

Aragon argues that because the accident happened while Ford was working for his employer, which is a subcontractor for Sterling, the accident occurred during the course of operations by Sterling and therefore the accident falls within the scope of additional insurance.

Case Results

It is found by the court that Blanket Additional Insured Endorsement will provide additional coverage for a person who is insured by the person or organization that you have been required to add as an additional insured on the policy through a written contract, permit, or agreement. A Staten Island Personal Injury Lawyer said this policy must currently be in effect or becoming in effect and must be executed before personal, bodily, or advertising injury occurs. This additional insurance is limited to a person or organization that is injured by omissions or acts on your behalf.

In this case, the scope of the language of the policy endorses that Aragon was insured under this policy and while Ford was working under the relevant clauses of the policy, he was injured.

Based on the information that has been provided by both the defendant and the plaintiff, it is ordered by this Court that the motion for summary judgment by the plaintiff, Aragon, LLC, is granted. A Suffolk County Personal Injury Lawyer said the judgment declares that Aragon is entitled to both indemnification and defense from the defendant, Scottsdale Insurance Company as an additional insurance coverage in the case of Bernard Ford Versus 250 Park LLC, Aragon, and LLC. This includes the reimbursement of all attorney fees. It is also ordered that the plaintiff serve a copy of this order with notice of entry to the defendant within 20 days of the order being entered.

Stephen Bilkis & Associates can help you with any legal issues that you may be having. If you have sustained a personal injury and believe it was caused by negligence of another party, Stephen Bilkis & Associates can help you determine your legal rights in the matter. Stephen Bilkis & Associates can also help with any other type of legal situation that you may find yourself in. We have law offices located throughout the metropolitan area of New York and you may contact us for a free legal consultation at any time.

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