St. Katherine Insurance v. Insurance Co. of North America, Inc.

CUDAHY, Circuit Judge.

This case involves the classification of a loss under an insurance agreement. On February 12, 1983, Richard Care, a Monsanto employee, fell into a sulphur pit on Monsanto property in Massachusetts. The pit was built in the late 1960’s by Leonard Construction Co. (Leonard), a wholly-owned subsidiary of Monsanto. Care and his family sued Leonard and Monsanto and the case was ultimately settled, with $1.2 million of the loss apportioned to Leonard (the Care loss).

Leonard is insured pursuant to a general liability insurance policy between Monsanto and Insurance Company of…