Amazon Loses Bid to Have Utica Defend It Under Painter’s Policy

Utica National Assurance Co. isn’t required to defend or indemnify Amazon.com Services Inc. under the terms of a third-party’s insurance policy, a New York federal court said Monday.

“Utica has no obligation to defend or indemnify Amazon in the underlying action,” said Judge Valerie Caproni of the US District Court for the Southern District of New York, denying Amazon’s motion for judgment on the pleadings. Because there wasn’t a written contract, Amazon isn’t an additional insured under the policy, Caproni said.

After a painter fell off a scaffold while working at an Amazon facility, he sued Amazon and others. Amazon ...