The federal district court held that the insurer was obligated to defend the additional insured, rejecting the insurer’s argument that the additional insured was an indemnitee under the policy’s supplementary payments provision, negating the insurer’s having to pay defense costs. Charter Oak Fire Ins. Co. v. Liberty Mut. Fire Ins. Co., 2026 U.S. Dist. LEXIS 160253 (S.D. W. V. July 20, 2026).

ALL Construction, Inc. was the general contractor for a construction project. ALL subcontracted West Virgina Paving, Inc. (WVP) to provide paving for the project.