Garret Murai | California Construction Law Blog As they say, when it rains, it pours. Indemnity and insurance are the “Big Two” when it comes to risk avoidance on construction projects. The next case, LaBarbera v. Security National Security Company, 86 Cal.App.5th 1329 (2022), involves both. It’s an interesting case, which I think could have gone… Continue reading “Incidental” Versus “Direct” Third Party Beneficiaries Under Insurance Policies in Which a Party is Not an Additional Insured
Tag: Additional Insured
Defense Owed to Insured Subcontractor, but not to Additional Insured
Tred R. Eyerly | Insurance Law Hawaii Affirming the district court, the Eleventh Circuit agreed that the insured subcontractor was entitled to a defense against claims of faulty workmanship, but no defense was owed to the additional insured subcontractor. Cincinnati Spec. Underwriters Ins. Co. v. KNS Group, LLC, 2022 U.S. App. LEXIS 27949 (11th… Continue reading Defense Owed to Insured Subcontractor, but not to Additional Insured
Court Affirms Duty to Defend Additional Insured Contractor
Tred R. Eyerly | Insurance Law Hawaii The appellate court affirmed the lower court’s ruling that the insurer must defend. Main St. Am. Assurance Co. v. Merchants Mut. Ins. Co., 2022 N.Y. App. Div. LEXIS 5507 (N.Y. App. Div., Oct. 7, 2022). XL Construction Services, LLC was the contractor on a construction… Continue reading Court Affirms Duty to Defend Additional Insured Contractor
Owners as Additional Insured in Construction Contracts
Anastas Shkurti | Robbins DiMonte Ltd An owner who embarks on a construction project should always request additional insured status on the general contractor’s and subcontractors’ commercial general liability (CGL) policies. It is not enough for the owner to verify that the contractor is licensed and has insurance. As an additional insured (or AI), the… Continue reading Owners as Additional Insured in Construction Contracts
Federal Court Enforces “Limits” and “Most We Will Pay” Clauses in Additional Insured Endorsement
Craig Rokuson | Traub Lieberman In the recent case of Zurich Am. Ins. Co. v. XL Ins. Am., Inc., 20-CV-4614 (LJL), 2021 WL 3617218 (S.D.N.Y. Aug. 16, 2021), the United States District Court for the Southern District of New York—in deciding a motion for consideration—had occasion to review the 2013 ISO changes to the additional insured… Continue reading Federal Court Enforces “Limits” and “Most We Will Pay” Clauses in Additional Insured Endorsement