ATOFINA Petrochemicals, Inc. v. Continental Casualty Co.

A & B Builders, Inc. was hired to erect steel for construction on premises owned by ATOFINA Petrochemicals, Inc. (Fina). An A & B employee, Larry Don Wisdom, was injured unloading steel for A & B on Fina’s property. When Wisdom sued Fina and others for negligence, Fina requested coverage and a defense as an additional insured under A & B’s comprehensive general liability policy. Although the trial court granted summary judgment in Fina’s favor, the court of appeals determined that Fina was not an additional insured at the time of the accident, and further, that coverage for Wisdom’s claims…