NES Equipment Services Corp. dba NES Rentals v. Acadia Insurance Company et al., 33 Mass. L. Rep. 630

Summary

HOLDINGS: [1]-An equipment supplier was entitled to summary judgment in its breach of contract and declaratory judgment action because, while the insurer's duty to defend did not automatically mean that it had to indemnify the supplier for the settlement amount, the policy did not contain any limiting language involving the contractor's negligence that required the supplier to have coverage as an additional insured, the policy said, in no uncertain terms, that the supplier was covered if the claims were caused by the contractor's "use, operation, or maintenance" of equipment, making it clear that the contractor's negligence was not a prerequisite to the duty to defend, and, from the course of prior dealings, the parties understood that there was a contract for indemnity and intended to be bound by it.