April 5, 2010

The Superior Court of New Jersey, Appellate Division has added its opinion to the issue of additional insured coverage, that is, whether the additional insured is covered for its own negligent acts or has coverage for vicarious liability. This case is Schafer v. Paragano Custom Building, 2010 N.J. Super. Unpub. LEXIS 356 (N.J. Super. Ct. App. Div. 2010). Note that this case is an unpublished opinion at this time.

Paragano was the general contractor for the renovation of a home in New Jersey and it subcontracted a portion of the work to K&D Builders, of which Schafer was a principal. During the work, Schafer had to complete the installation of a window in the second floor bathroom. Paragano had erected a scaffold in connection with the work, but it was not high enough to permit Schafer to complete the installation. Schafer then placed an A-frame ladder on the top of the scaffold's platform to do the work. He lost his balance and fell to his death. The estate sued Paragano for the wrongful death.