Goldberg Segalla partners Ashlyn M. Capote and Richard A. Galbo prevailed in the U.S. Court of Appeals for the Second Circuit, which affirmed summary judgment they secured on behalf of our clients in the Western District of New York.

The case arose from a construction-site accident in which three employees of a subcontractor were injured when a ceiling collapsed. The injured workers sued the general contractor, Reidy Contracting Group. Reidy, in turn, sought defense and indemnity under an excess liability policy issued by Mt. Hawley Insurance Company to the subcontractor, Vanquish Contracting Corporation.

Mt. Hawley denied coverage, contending that Reidy was not an additional insured under the policy’s coverage grant and, alternatively, that coverage was barred by the employer’s liability exclusion for injuries to employees of “any insured.” The court rejected both arguments, holding that the employer’s liability exclusion was ambiguous when read in conjunction with the policy’s separation of insureds clause.

While the exclusion purported to bar coverage for injuries to an employee of “any insured” arising out of employment by “the insured,” the separation of insureds clause required the policy to be applied separately to each insured seeking coverage. Under that interpretation, the exclusion applied only if the injured workers were employees of the insured seeking coverage – here, Reidy – which they were not. Because the exclusion was subject to more than one reasonable interpretation and Mt. Hawley offered no extrinsic evidence to resolve the ambiguity, the court construed the exclusion against Mt. Hawley and in favor of coverage.

This result demonstrates Goldberg Segalla’s depth of experience in complex insurance coverage, as well as the firm’s ability to deliver consistent results at every stage of high‑stakes disputes, including before federal appellate courts. The strategic advocacy of Ashlyn and Richard was instrumental in securing this favorable outcome.

The district court had issued companion summary judgment decisions in Reidy Contr. Group, LLC v Mt. Hawley Ins. Co., 727 F Supp 3d 399, 401 (W.D.N.Y. 2024) and Reidy Contr. Group, LLC v. Mt. Hawley Ins. Co., 683 F. Supp. 3d 290, 291 (W.D.N.Y. 2023), and the Second Circuit affirmed the decisions in Reidy Contracting Grp., LLC v. Mt. Hawley Ins. Co., 167 F.4th 44 (2d Cir. 2026).