Buckeye Union Insurance v. Zavarella Bros. Construction Co.

Patton, Judge.

The primary question in this case is whether an agreement by a construction subcontractor to name its general contractor as an additional insured on the subcontractor’s general commercial insurance policy constitutes an indemnity agreement prohibited by R.C. 2305.31. The trial court, having cross-motions for summary judgment before it, answered this question in the affirmative. We hold that the additional insured agreement does not violate public policy, but that the express language of the policy does not afford coverage under the circumstances.

The material facts are…