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

Certificates as Evidence of Additional Insured Coverage Are All the Rage, But You Deserve Better

Joseph L. Cohen, W. Mason and Sean Milani-nia | Fox Rothschild Consider the following scenario: the construction project is ready to proceed.  The deal is done.  The agreements have all been carefully crafted, with detailed provisions on insurance dedicated to reducing risk.  Those provisions require the downstream trade contractors to furnish certificates of insurance listing… Continue reading Certificates as Evidence of Additional Insured Coverage Are All the Rage, But You Deserve Better

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