Central Mutual Insurance v. True Plastics, Inc.

29 Mass. L. Rptr. 215
CourtMassachusetts Superior Court
DecidedDecember 16, 2011
DocketNo. 061806
StatusPublished

This text of 29 Mass. L. Rptr. 215 (Central Mutual Insurance v. True Plastics, Inc.) is published on Counsel Stack Legal Research, covering Massachusetts Superior Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Central Mutual Insurance v. True Plastics, Inc., 29 Mass. L. Rptr. 215 (Mass. Ct. App. 2011).

Opinion

Wilkins, Douglas H., J.

Plaintiff, Central Mutual Insurance Company (“Central”) brought this declaratory judgment action to establish the presence or absence of coverage under a Comprehensive General Liability (“CGL”) insurance policy (“Policy”) issued to the defendant, True Plastics, Inc. (“True”) for an injuiy at True’s workplace suffered by the defendant, Marciala Sanchez. The Court received seven exhibits as a case stated on November 17, 2011, and heard oral arguments on November 22, 2011. The parties have submitted written requests for findings and rulings. Upon consideration of the evidence and arguments, the Court finds for the defendant and enters a declaration accordingly.

BACKGROUND

Stipulated Facts

The parties have stipulated to the following facts, which I find are true.

1. True Plastics, Inc. (“True Plastics”1) is a Massachusetts corporation engaged in the manufacture of plastic components for its customers.

2. At all relevant times, True Plastics’ workforce consisted of persons directly employed by the company, as well as labor from one or more staffing companies, including Dynamic Staffing, Inc.

3. Dynamic Staffing is in the business of placing its employees at client companies in order to support the work forces of those companies.

4. On September 27, 2004, Marciala Sanchez, an employee of Dynamic Staffing, Inc., started working at True as a machine operator.

5. On October 14, 2004, Marciala Sanchez was injured while working as a machine operator on the premises of True Plastics.

6. Dynamic, not True Plastics, was responsible for paying Sanchez and withholding the worker’s unemployment taxes and other taxes (e.g., state and federal taxes, social security, FICA) from Sanchez’s paycheck.

7. True Plastics was also relieved from paying taxes to the Massachusetts Department of Revenue for workers supplied by Dynamic because these workers, including Sanchez, were not on True Plastics’ payroll.

8. The agreement between Dynamic and True Plastics also makes Dynamic responsible for all workers’ compensation claims made by the worker that Dynamic supplies to the client company arising out of an accident at the client company.

9. Dynamic’s workers’ compensation policy covers such claims and Sanchez filed a claim under the policy and received benefits for the injuries sustained on October 14, 2004.

10. Dynamic paid all of the premiums on the workers’ compensation policy under which Sanchez filed her claim.

11. Central Mutual Insurance Company issued Commercial Policy Number CLP7989942, effective January 1,2004 to January 1, 2005, to True Plastics, Inc. d/b/a Holden Plastics as named insured. This policy provided commercial general liability coverage through Form CG 00 01 10 01, which provided, in pertinent part, as follows:

COMMERCIAL GENERAL LIABILITY COVERAGE FORM
Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered.
****
Other words and phrases that appear in quotation marks have special meaning. Refer to Section V— Definitions.
SECTION I — COVERAGES
COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Insuring Agreement
a. We will pay those sums that the insured becomes legally obligated to pay as damages because of “bodily injuiy” or “property damage” to which this insurance applies. We will have the right and duty to defend the insured against any “suit” seeking those damages. However, we will have no duty to defend the insured against any “suit" seeking damages for “bodily injury” or “property damage” to which this insurance does not apply.
* * **
2. Exclusions
This insurance does not apply to:
e. Employer’s Liability “Bodily injuiy” to:
1) An “employee” of the insured arising out of and in the course of:
a) Employment by the insured: or
b) Performing duties related to the conduct of the insured’s business; or
2) The spouse, child, parent, brother or sister of that “employee" as a consequence of 1) above.
This exclusion applies:
1) Whether the insured may be liable as an employer or in any other capacity; and
2) To any obligation to share damages with or repay someone else who must pay damages because of the injuiy.
This exclusion does not apply to liability assumed by the insured under an “insured contract.”
SECTION V — DEFINITIONS
5. “Employee” includes a “leased worker.” “Employee” does not include a “temporary worker.”
[217]*21710. “Leased worker” means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm, to perform duties related to the conduct of your business. “Leased worker” does not include a “temporaiy worker.”
****
19.“Temporaiy worker” means a person who is furnished to you to substitute for a permanent “employee” on leave or to meet seasonal or short-term workload conditions.
****

12. By complaint filed on or about May 18, 2005 in the Worcester Superior Court, the defendant, Sanchez, sought compensatoiy damages from Holden Plastics Corporation, as a result of the events that occurred on October 14, 2004. The defendant’s name in that action has been amended to True Plastics, Inc. d/b/a Holden Plastics Corporation.

Additional Facts

I find the following additional facts by a preponderance of the credible evidence.

True Plastics, Inc.

13. David True and his ex-wife, Deborah True, incorporated True in December 2001 to engage in the sale and manufacture of plastic products.

14. David True worked at True from the date of incorporation.

15. He worked at Holden Plastics at the same address as a moldmaker, engineer and general manager for five years before he bought True.

16. His purchase of True included the book of business. Some of True’s customers remained with True after David True bought the company.

17. True worked on a contract basis and has no products of its own. Customers generally initiated contact with True by placing an order for a plastic part that is unique to the customer and selecting the deliveiy date for the completed order.

18. True then ordered the raw materials and arranged for the necessary labor.

19. True has had both full-time and part-time employees and has used labor from employment agencies, including Dynamic Staffing, Inc. (“Dynamic Staffing”) and Central Massachusetts Transit, Inc. At the time of the accident, it generally employed eight to twelve full-time employees and two part-time employees.

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Cite This Page — Counsel Stack

Bluebook (online)
29 Mass. L. Rptr. 215, Counsel Stack Legal Research, https://law.counselstack.com/opinion/central-mutual-insurance-v-true-plastics-inc-masssuperct-2011.