The Cincinnati Insurance Co. v. Monogram Builders, Inc.
Cincinnati, the GC's CGL insurer, sued the subcontractors' insurers (FCCI and Admiral) seeking declarations that the GC was an additional insured with primary coverage, plus equitable subrogation for defense and indemnity amounts paid. Applying Florida law, the court held that the underlying homeowners' construction-defect complaint pleaded only the GC's own direct liability (including failure to supervise subcontractors), so neither the 'without fault on the part of' endorsement nor the 'caused, in whole or in part, by' endorsement was triggered. Dismissal was with prejudice because amendment could not change the allegations of the underlying state-court complaint.
Key facts
- Cincinnati Insurance Company, as the general contractor's CGL insurer, sued subcontractors' insurers FCCI and Admiral seeking declarations of additional insured status with primary coverage and equitable subrogation for defense and indemnity payments.
- The underlying homeowners' construction-defect complaint alleged that the general contractor failed to supervise and coordinate work by its subcontractors, asserting the contractor's own direct liability rather than vicarious liability for subcontractor negligence.
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Why it matters
This order gives construction and coverage counsel a clean, citable application of Garcia and Royal Crane to the two most common additional-insured endorsement formulations, confirming that a defect complaint alleging… — full analysis with a trial
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