A janitor had a fatal slip and fall incident in the course of his work at a gallery. The deceased employee’s family members commenced actions against the gallery for damages. The gallery commenced third party claims against the janitorial company. The gallery was an additional insured on the janitorial company’s CGL policy and argued that the company and its insurer had a duty to defend it. The court held that neither the janitorial company nor its insurer owed the gallery a duty to defend. The court reasoned that the allegations of fault against the gallery made in the statements of claim did not have any bearing on the janitorial company.
