CONTAINER CORPORATION OF AMERICA, APPELLANT,
v.
MARYLAND CASUALTY COMPANY, APPELLEE

Fla. 1st DCA | 1997-01-06
No. 96-1448
Padovano, J., Joanos, J., Wolf, J.
687 So. 2d 273 Florida District Court of Appeal, First District (1997) Positive Treatment
Cited by 2 cases

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Holding

A general liability insurance policy covering a contractor's work does not provide coverage for the additional insured's own negligence; coverage is limited to acts or omissions by the contractor for which the additional insured might be vicariously liable.


Headnotes

[1] When a general liability insurance policy names a party as an additional insured pursuant to a contract requiring the contractor to indemnify the additional insured, the…

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Key Quotes

“The agreement between Southern and Container required Southern to 'indemnify, defend, save and hold [Container] harmless from any and all costs, damages and liabilities incurred or arising as a result of the performance by [Southern] of its duties [under the agreement].'”

The court quoted the indemnity provision to establish that the scope of insurance coverage was limited to acts or omissions by Southern, not Container.

Facts & Procedural History

Southern Contractors agreed to install a vacuum pump on Container Corporation's paper machine and obtained a general liability policy from Maryland Ca…

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Opinion of the Court
PADOVANO, Judge.

PADOVANO, Judge.

Southern Contractors, Inc., agreed with Container Corporation of America to install a vacuum pump on a paper machine at a plant operated by Container in Femandina Beach. The agreement required the purchase of insurance, and Southern complied with this provision by procuring an insurance policy from Maryland Casualty Company. A subsequent endorsement to the policy added Container as an additional insured. When a Southern employee filed a negligence action against Container for injuries he sustained on the grounds of Container’s plant, Maryland initiated a declaratory judgment action to settle the issue of coverage. The trial court held that the policy did not provide coverage for Container’s own negligence and granted a summary judgment for Maryland. We conclude that this decision is correct and therefore affirm. The agreement between Southern and Container required Southern to “indemnify, defend, save and hold [Container] harmless from any and all costs, damages and liabilities incurred or arising as a result of the performance by [Southern] of its duties [under the agreement].” This provision makes it clear that the scope of the insurance coverage was limited to acts or omissions by Southern, not Container. The endorsement adding Container was intended to insure a risk for which Container might be vicariously liable, and it cannot be interpreted to provide coverage for Container’s own negligence.

AFFIRMED.

JOANOS, J., concurs.

WOLF, J., dissents with written opinion.

Dissent
WOLF, Judge, dissenting.

WOLF, Judge, dissenting.

Container Corporation (Container) was named an additional insured under the general liability policy of Southern Contractors, Inc. (Southern).

The policy contains no language which limits Container’s coverage to liability assumed pursuant to the contract, nor does the policy specifically reference the contract document. The only language limiting Container’s coverage is contained in the rider naming Container as an additional insured: “[I]nterest for operations at operations site by Southern Contractors, Inc.” This language is vague and does not limit Container’s coverage to only those situations where it is determined to be vicariously liable for Southern’s actions. Florida Power & Light Co. v. Penn America Ins. Co., 654 So. 2d 276 (Fla. 4th DCA 1995).

Questions of material fact remain whether the injury arose out of the operations of Southern and what constituted the operations site. Summary judgment was improperly granted.


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Citator

Cited By

  • Container Corp. OF Am. v. Md. Cas. Co., 707 So. 2d 733 (Fla. 1998)
    …GRIMES, Senior Justice. We review the decision in Container Corporation of America v. Maryland Casualty Company, 687 So. 2d 273 (Fla. 1st DCA 1997), which conflicts with the opinion in [*735] Florida Power & Light Co. v. Penn America Insurance Co., 654 So. 2d 276 (Fla. 4th DCA 1995). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const. Southern Contractors, Inc. (Southern)…

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