Whittle v. Pagani Bros. Construction Co.

An employee of a subcontractor on a contract for alterations in a school fell off a ladder and was injured. He received workers’ compensation benefits from the subcontractor’s insurer, and he and his wife sued the contractor for damages, claiming that the injuries were caused by the contractor’s negligence. The contractor filed a third-party complaint against the subcontractor and two insurance companies, claiming that the subcontractor had expressly contracted to indemnify the contractor and that the insurers, by a certificate of insurance, agreed to assume the subcontractor’s contractual…