The defendants, engineering consultants, brought a motion for summary judgment to dismiss a crossclaim by the co-defendant developer.
The crossclaim was a subrogated claim advanced by the developer's insurer.
The moving parties argued they were additional insureds under the developer's wrap-up liability policy and thus protected by a waiver of subrogation clause.
The developer argued the waiver should not apply because the moving parties' professional services were excluded from coverage under the policy.
The court held that the moving parties were additional insureds and the clear language of the policy's waiver of subrogation clause applied, regardless of the professional services exclusion.
The motion for summary judgment was granted and the crossclaim was dismissed.