Great American Dining, Inc. v. Philadelphia Indemnity Insurance Company

Respondent Philadelphia Indemnity Insurance Company appealed a superior court order that found Petitioner Great American Dining, Inc (GAD) was an additional insured under a Philadelphia policy. The dispute arose from a slip-and-fall injury in 2008 whereby the injured party sued DW Ray Commons, LLC, who owned and leased a building to Webster Place Center, Inc. DW Ray required Webster Place to obtain an insurance policy listing DW Ray as an additional insured. The commercial general liability policy contained a provision listing as an additional insured "any person or organization with respect to their liability arising out of the ownership, maintenance or use o that part of the premises leased or rented…" When DW Ray and Webster Place were sued for damages and settled with the injured party. That party then sued GAD for contribution on the theory that GAD constructed, installed and maintained the premises under the policy. GAD then sought a declaration that it too was an additional party under the DW Ray policy. Upon review, the Supreme Court agreed GAD was an additional party and upheld the superior court's judgment. View "Great American Dining, Inc. v. Philadelphia Indemnity Insurance Company " on Justia Law