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Arcelormittal Plate, LLC v. Joule Technical Services

December 20, 2012

ARCELORMITTAL PLATE, LLC, PLAINTIFF,
v.
JOULE TECHNICAL SERVICES, INC., ET AL.,
DEFENDANTS.



The opinion of the court was delivered by: Schiller, J.

MEMORANDUM

This action stems from an injury sustained by William Greene on January 12, 2008. Before the Court are cross-motions for summary judgment from Plaintiff, ArcelorMittal Plate, LLC ("ArcelorMittal") and Defendants Joule Technical Services, Inc. ("Joule"), Liberty Surplus Insurance Corporation ("Liberty"), and Genatt Associates, Inc. ("Genatt"). For the reasons set forth below, the Court denies Plaintiff's motion for summary judgment and grants Defendants' motions for summary judgment.

I. BACKGROUND

A. Parties

Plaintiff owns and operates a steel production facility (the "Conshohocken Plant"). (Def. Genatt's Statement of Material Facts [Genatt's SOF] ¶ 2.) Joule provides temporary staffing for industrial facilities. (Joule's Statement of Uncontested Facts [Joule's SOF] ¶ 2.)Liberty underwrote Joule's commercial general liability policy ("Liberty policy") and insurance broker Genatt issued a certificate of liability insurance, which represented that Plaintiff was an additional insured on the Liberty policy. (Pl.'s Statement of Undisputed Facts [Pl.'s SOF] ¶ 30; Genatt's Mot. for Summ. J.

Ex. A [Certificate of Liab. Ins.].)

B. Contractor Agreement

On October 17, 2005, Joule entered a contract ("Contractor Agreement") with ISG Plate LLC, the name used by Plaintiff prior to 2007. (Pl.'s SOF ¶ 12; Pl.'s Mot. for Summ. J. Ex. F [Contractor Agreement] at 2.) The Contractor Agreement obligated Joule to indemnify Plaintiff "for losses, claims damages or any other liability caused by [Joule's] negligent or intentional acts or omissions and, not against any negligent or intentional acts or omissions of the [Plaintiff]." (Contractor Agreement ¶ 2(b)(xii).) The Contractor Agreement also specified that, in the event of any inconsistency between the Contractor Agreement and other documents, such as purchase orders, the Contractor Agreement would govern. (Id. ¶ 2(b)(xxii).)

The Contractor Agreement also incorporated the majority of another document, the General Terms and Conditions for Agreements ("General Terms and Conditions"). (Id. ¶ 1.) The General Terms and Conditions stated that Joule must provide and pay for certain insurance policies, and that on such insurance policies Plaintiff "shall be added as an additional insured." (Pl.'s Mot. for Summ. J. Ex. F at 7 [General Terms and Conditions] § 16.)

C. Greene Injuries and Lawsuit

On January 12, 2008, several employees supplied by Joule, including William Greene, reported to Plaintiff's Conshohocken Plant to perform maintenance services. (Pl.'s SOF ¶ 56.) While descending a ladder at the Conshohocken Plant, Greene fell and injured himself. (Id. ¶ 70.) On September 16, 2009, Greene and his wife sued ArcelorMittal. (Id. ¶ 79.) On September 29, 2011, a jury found Plaintiff negligent and awarded Greene $1,000,000. (Pl.'s Mot. for Summ. J. Ex. II [Verdict Sheet].)

D. Purchase Orders and AMUSA-100

After Joule provided staffing to Plaintiff, Joule would send invoices for those services. (Joule's SOF ¶ 60.) Plaintiff would then send payment and a purchase order, which described the services provided by Joule. (Pl.'s SOF ¶ 24.) The purchase order covering Greene's services was sent on February 11, 2008 and stated that "Purchase Order (AMUSA-100) appl[ies] to this Order." (Liberty's Mot. for Summ. J. Ex. D [Invoice].) Plaintiff claims that, unlike the Contractor Agreement, the AMUSA-100 required Joule to indemnify Plaintiff for all claims for bodily injury made by Joule's employees as a result of work done at ...


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