Tuesday, September 18, 2012

Mass. Appeals Court holds that services by structural engineer hired by architect were "performed for" project owner

Cable Mills intended to renovate an old mill property it owned into mixed use condominium units.  It hired Feingold for architectural services.   Feingold hired William Barry to provide structural engineering services.  Barry fell through the floor at the site.  He sued Cable Mills. 

Cable Mills was insured by Lloyd's, London.  Lloyd's denied coverage for Barry's claim, relying on an exclusion for "bodily injury . . . for operations performed for you by independent contractors or your acts or omissions in connection with your general supervision of such operations." 

Cable Mills argued that the exclusion does not apply because Feingold, not Cable Mills, retained Barry, so his services were "performed for" Feingold, not Cable Mills. 

In Cable Mills, LLC v. Coakley Pierpan Dolan & Collins Ins. Agency, Inc., 82 Mass. App. Ct. 415 (2012), the Massachusetts Appeals Court agreed with Lloyd's that coverage was excluded.  It held, "performance of professional engineering services essential to the project, pursuant to a contract between the property owner and its architect, sufficiently fulfills the common meaning of 'operations performed for you.'" 

No comments: