Dixon v. Benham Schoolhouse Inn, a/s/o Appalachian Hospitality Group, LLC, et al., and Appalachian Hospitality Group, LLC, v. Scottsdale Insurance Company, No. 23-CI-00079. Zach Epperson and Cael Henshaw obtained summary judgment for their client, Scottsdale Insurance Company. Mr. Dixon was a plumbing subcontractor retained to perform work at Benham Schoolhouse Inn. In the course of his work, Mr. Dixon claimed that he fell through a set of stairs and sustained injuries. Benham filed a Third-Party Complaint against its insurer, Scottsdale, seeking insurance coverage under a Commercial General Liability policy for the claims asserted against it by Mr. Dixon. Mr. Epperson and Mr. Henshaw moved for summary judgment on behalf of Scottsdale, arguing that it owed no duty of defense or indemnity to Benham pursuant to a policy endorsement which excluded coverage for claims of bodily injury sustained by subcontractors or anyone hired or retained by or for an insured. Benham argued that the endorsement was ambiguous and against public policy. The Court ruled that the endorsement was applicable and granted summary judgment in favor of Scottsdale.
