Judgment obtained for an insured building moving company in this declaratory judgment action brought against insured’s commercial general liability carrier. The company’s insurers refused to defend it in a lawsuit each contending that the other insurer was the responsible carrier. The court interpreted the mobile equipment exclusion of the commercial auto policy, as well as the “auto” exclusion in the CGL policy. The Court held that the CGL carrier was the responsible carrier and had wrongfully contended that a mobile crane was an “auto” that should be covered under the insured commercial automobile policy. The CGL carrier was ordered to defend the insured company and pay attorney fees and costs both in this coverage litigation and in related bodily injury litigation that had been commenced against the insured.
Hayden Building Movers, Inc. v. American International Group, et al., BarnstableSuperior Court, C.A. No.: 2008-00828 (Decision October 28, 2010) (Quinlan, J.)