Alea North America Insurance v. Salem Masonry Co.

OPINION OF THE COURT

NYGAARD, Circuit Judge.

The factual background of this appeal is well known to the parties, only tangentially germane to our decision, and calls for only this brief summary. Joseph Percario is a general contractor who hired Salem Masonry Inc., as a sub-contractor. Granite State Insurance provided workers compensation insurance to Percario. Appellant Alea North American Insurance provided workers compensation insurance to Salem. Salem Masonry lied on its insurance application, claiming that none of its employees worked at heights greater than fifteen feet. Nuno Alexandre, an…