New York Court Finds Insured Failed to Establish its Broad Discovery Demands Might Lead to Evidence Relevant to the Application of an Exclusionary Provision in Commercial General Liability Policy

In Northfield Insurance Company v. Golob, an insurer issued a commercial general liability policy to owners of a residential construction project. The policy contained an exclusion titled “Contracted Persons” exclusion, which barred coverage for bodily injury sustained by any person “employed by . . . any organization that . . . [c]ontracted with [the named insured] or with any insured for services” where the injuries “[arose] out of and in the course of employment by that organization.”

As a part of the construction project, …

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