Am. States Ins. Co. v. Progressive Cas. Ins. Co., No. C058641
In plaintiff's action against defendant-insurer seeking a defense on behalf of its insureds in the underlying accident between a trucker and a pedestrian at a construction site, summary judgment and a stipulated judgment that concluded, as a matter of law, that the trucker's insurers did not owe a duty to defend the developer/general contractor/grading contractor under any vicarious liability theory is reversed where: 1) an omnibus clause may make a person or entity that is potentially liable under the peculiar risk doctrine an "uninsured," and thereby entitled to a defense pursuant to the insurance policy; and 2) under the peculiar risk doctrine, one may be held vicariously liable if he hires an independent contractor to do work that is likely to create a peculiar risk of harm to others unless special precautions are taken.
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Filed December 14, 2009
Opinion by Judge Butz
For Appellant: Law Offices of William J. Diffenderfer and Lisa A. Pan; Lombardi, Loper & Conant, Ralph A. Lombardi and Lori A. Sebransky
For Appellee: Coddington, Hicks & Danforth, Randolph S. Hicks and Andrew P. Collier, McNulty & Saacke and Charles F. Saacke
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