Sophisticated insureds can’t understand additional insured either
Scottsdale Insurance v United Rentals US Dist Ct. Massachusetts (2018)
FACTS Gomes had Scottsdale Insurance and when Gomes rented a lift from United Rentals it added United Rentals as additional insured.
A Gomes employee was operating the lift when it caused personal injury to Ayotte.
Ayotte sued United Rentals who claimed Scottsdale had a duty to defend it
Additional insured coverage said it applied:
only for Liability for
Bodily injury or Property Damage
CAUSED (in whole or in part) BY
The acts or omissions of the named insured Gomes
ISSUE 1 CAUSED BY WHAT?
Was additional insured coverage for United Rentals triggered when someone established
Liability caused by the named insured Gomes? Or
Bodily Injury or Property damage caused by the named insured Gomes?