Supreme Court of New Hampshire

Pro Con Construction, Inc. d/b/a Pro Con Construction Company v. Acadia Insurance Company

March 5, 2002147 N.H. 470

Summary

The court held that the additional-insured endorsement did not cover Pro Con because the employee's injury had no more-than-tenuous causal connection to the subcontractor's ongoing painting operations. The phrase "arising out of" requires some causal nexus and does not extend coverage to every injury that would not have occurred but for the subcontractor employee's presence on the premises. The court therefore reversed the grant of summary judgment for Pro Con and remanded. Nadeau, J., dissenting, would have found coverage because the employee was injured while present on the premises in connection with performing the subcontractor's business.

Holding

  • Scope of coverage under the additional-insured endorsement. The endorsement did not provide coverage to Pro Con because the employee's injury lacked the required causal connection to Decorative Concepts' ongoing interior-painting operations.

Docket No. 2000-422

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