A construction equipment rental company cannot be indemnified by its lessee’s insurer in a case where a man was run over by a track loader that the company rented out, the state Superior Court has ruled in a decision related to a case that had originally resulted in a $20 million verdict.
In Modern Equipment Sales & Rental v. Main Street America Assurance, a split Superior Court panel affirmed summary judgment Monday in favor of the defendants, ruling that Modern did not qualify as an “additional insured” under the liability insurance policy of its lessee, United Construction Services (UCS).
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