Next Generation Bar Exam Quiz
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Pinnacle Electric, a subcontractor, agreed to add Westgate Properties as an additional insured on Pinnacle's CGL policy. The endorsement states:
'Who Is An Insured is amended to include any person or organization with whom you have agreed to add as an additional insured, but only with respect to liability for bodily injury or property damage caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf. However, this insurance does not apply to bodily injury or property damage caused by the sole negligence of the additional insured.'
The state supreme court in Mount Airy v. Premier Indemnity, interpreting identical language, held: 'The words caused, in whole or in part, by require only that the named insured's conduct be a proximate cause of the injury. Coverage is barred only when the additional insured's liability rests entirely on its own conduct and the named insured played no causal role. In determining the duty to defend, the insurer must consider facts actually known to it that could bring the claim within coverage, even if those facts are not alleged in the complaint.'
A visitor to Westgate's building tripped over an unmarked cable that Pinnacle had left across a hallway and sued Westgate, alleging only that Westgate negligently failed to inspect the premises and warn of the danger. Westgate tendered the suit to Pinnacle's insurer. Before suit was filed, Pinnacle's insurer had received an accident report stating that Pinnacle's cable was the cause of the fall.
Does Pinnacle's insurer have a duty to defend Westgate?
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