The supplementary payments provision of this contractor’s CGL policy provided that if the insured contractor faced liability for personal injury or property damage pursuant to an indemnity provision in one of the insured’s contracts, the insurer would pay for the insured’s defense but count any recovery by the indemnitee as damages against the $1 million limit on coverage.  The supplementary payments provision also stated that if requested by both indemnitor and indemnitee and legally permissible, the insurer might have the same counsel represent both, in which case, that attorney’s fees would not be deducted from the coverage limits.  This decision holds that the indemnitee was not a third party beneficiary of this provision for joint defense and thus could not sue the insurer for allegedly breaching that provision of the insurance policy.