Gerace v. Liberty Mutual Insurance Co.

OPINION

HOLTZOFF,' District Judge.

This is an action by an employee on a construction project who was injured in the course of his employment. This suit is brought as a third party action on the ground that the accident was caused in whole or in part by the defendant’s negligence. The defendant is an insurance company that carried liability insurance for the general contractor on the project. The employee involved in this case was employed by a subcontractor. The defendant moves for summary judgment.

The plaintiff’s claim is predicated on a clause in the liability insurance policy which the…