Papers considered: 1. Notice of Motion, Affirmation in Support of Claimant’s Motion for Summary Judgment of Erin K. Skuce, Esq., and Memorandum of Law, with Exhibits; 2. Stipulated Facts dated June 21 2023; 3. Cross-Motion, Affirmation in Support of Defendant’s Cross Motion for Summary Judgment of Katherine Fleming, Esq., and Memorandum of Law with Exhibits; and 4. Reply Affirmation of Erin K. Skuce, Esq., with Reply Memorandum of Law. DECISION AND ORDER Claimant JAY DIFULVIO & ASSOCIATES, INC. (hereinafter “DiFulvio” or “Claimant”) commenced this claim seeking indemnification from New York State Insurance Fund (hereinafter “SIF”) to satisfy a judgment entered against it in an underlying third-party claim. Claimant moves (M-99641) and Defendant cross-moves (CM-99932) for summary judgment. For the following reasons, Claimant’s motion is denied and Defendant’s cross-motion is granted. BACKGROUND The claim, filed on June 22, 2021, alleges that Defendant, through its agency SIF failed to indemnify DiFulvio against a judgment entered in the Onondaga County Supreme Court on an underlying third-party claim. Claimant seeks an order declaring that SIF has a duty to indemnify and satisfy a judgment entered against it as a result of personal injuries sustained by Matthew Fisher (hereinafter “Fisher”) on August 30, 2010 (Claimant’s Exhibit A, NYSCEF Doc. No. 29). Issue was joined with the filing of Defendant’s Verified Answer on January 20, 2022 (Claimant’s Exhibit B, NYSCEF Doc. No. 30). Discovery was completed and the Note of Issue was filed on May 5, 2023. The instant motions follow. FACTS The parties have stipulated to the following facts (see Stipulated Facts, NYSCEF Doc. No. 27): On August 30, 2010, Fisher was working at a construction site known as Pizza Villa, situated at 409 Tulip Street, Liverpool, New York. Fisher suffered injuries after falling about ten feet down from the lower roof at the site. At the time of the accident, Claimant held a Workers’ Compensation and Employers’ Liability Insurance policy (hereinafter “The Policy”), issued by SIF. The Policy’s effective date was from April 3, 2010 through April 3, 2011. SIF’s “Employer’s Liability Coverage contained within the policy is unlimited” (id. at 9). SIF “was notified of the underlying accident involving Matthew Fisher via Employer’s Report of Work-Related Injury/Illness form C-2 filed with the Workers’ Compensation Board on September 1, 2010″ (id. at 14). SIF never “dispute[d] in the Workers’ Compensation forum that Matthew Fisher was an employee of DiFulvio and did not controvert the Workers’ Compensation claim” (id. at 15). “A March 17, 2011, notice of decision established the Workers’ Compensation claim with DiFulvio as employer and Matthew Fisher as employee” (id. at 16). SIF paid medical treatment as well as indemnity benefits totaling $162,470.86. Fisher initiated legal action under Labor Law §240(1) against Joseph Scordo, d/b/a Pizza Villa, the owner and sole proprietor of the construction site (hereinafter “Scordo”) (Matthew Fisher v. Joseph Scordo d/b/a Pizza Villa, Index No. 2010-7388) (id. at 20) (“the Main Action”). Paragraphs 7 and 8 of the Amended Complaint in this action alleged that Mr. Fisher was employed by Claimant. Subsequently, Fisher moved for partial summary judgment on the issue of liability, which was granted on July 15, 2013 (id. at 21). Scordo initiated a third-party action against Claimant, seeking common law indemnification and contribution (Matthew Fisher v. Joseph Scordo d/b/a Pizza Villa v. Jay DiFulvio & Associates, Inc. 2010-7388A) (id. at 23)(hereinafter “the Underlying Action”). SIF “agreed to provide [Claimant] defense and indemnification in the Underlying Action subject to a reservation of rights letter dated February 27, 2014″ signed by one of SIF’s attorneys (id. at 29). “By statute, the New York State Insurance Fund is only authorized by law to provide Workers’ Compensation and Employer’s Liability Coverage” (id. at 30). With the consent of all the parties in the Main Action, the matter proceeded to Arbitration on the issue of damages only on August 30, 2016, resulting in a decision on December 6, 2016, awarding Fisher $810,488.96 (id. at
31-34). Scordo’s liability carrier satisfied the arbitration award upon receipt of a Release and Settlement Agreement (id. at 35). SIF asserted a lien against the arbitration award for $162,470.62 and the parties settled on $105,284.62 in full satisfaction of the lien. The third-party action continued and two of SIF’s attorney’s monitored the Underlying Action on behalf of SIF. By Order dated February 26, 2018, the Court determined Fisher was an independent contractor, not an employee at the time of his accident (id. at 43). Scordo then moved for summary judgment in the Underlying Action, seeking full common-law indemnification against Claimant, which was granted on May 16, 2019 (id. at
