Indemnification Clause Requires Subcontractor to Indemnify Prime Contractor Regardless of Finding that Sub was not Negligent, and the Additional Insured Endorsement Requires Insurer to Cover the Prime for Damages not Caused by Sub’s Negligence
ConstructionRisk.com Report Vol. #14, Issue #3
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Additional Insured,Indemnification,Insurance Coverage Disputes
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Where a pipeline was damaged when it was struck by sheeting being installed by a sub-subcontractor while installing lift stations along a pipeline previously installed by the prime contractor, the sub-subcontractor was found to be liable to its client (ECI Corporation) under its indemnification clause for the costs that firm incurred in repairing the damaged [...]
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Additional Insured Contractor’s Right to be Defended & Incorporation of Prime Contract Indemnity Obligations into the Subcontract
ConstructionRisk.com Report Vol. #13, Issue #5
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Additional Insured,duty to defend,Flow down,Incorporation by Reference,Indemnification,Insurance - Additional Insured,Insurance Coverage Disputes
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Two employees of a subcontractor sued the prime contractor for their personal injuries resulting from a fall. The prime contractor in turn sued the subcontractor and the subcontractor’s insurance carriers for breach of a duty to defend and indemnify the contractor in the employee’s action. For various reasons, the trial court determined the indemnification provision [...]
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Insurance Carrier not Required to Treat CM as Additional Insured Under Contractor’s Policy
Additional Insured,Insurance – Additional Insured
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Where contractor was expected to make the construction manager (“CM”) an additional insured under its general liability policy, but failed to do so, the contractor’s insurance companies had no duty to provide coverage to the CM. The contractor’s insurance policies provide additional insured status to those with whom the contractor enters into written contracts. Where [...]
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Contractor was entitled to recover as an “additional insured” under its subcontractor’s primary and umbrella policies for damages suffered by a roofer who fell through roof opening that had been cut by the subcontractor because the court found there was sufficient causal connection between the named insured’s work and the situation that gave rise to [...]
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Anti-Indemnity Statute does not Void Additional Insured’s Coverage
Additional Insured,Anti-Indemnity Statute,Indemnification,Insurance – Additional Insured
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Where a construction contractor signed a contract containing an indemnification clause agreeing to indemnify the project owner for all claims arising under the contract, including those caused by the owner’s negligence, a court held that a liability insurance policy that had been purchased by the contractor naming the owner as an additional insured was enforceable [...]
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Additional Insured Entitled to Be Defended Under General Contractor’s Completed Operations Coverage
Additional Insured,CGL,Insurance,Insurance - Completed Operations,Insurance Coverage Disputes,Your
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Insurance Companies that issued Commercial General Liability (CGL) policies to subcontractors, including completed operations coverage as to projects completed before the inception dates of the policies were held to owe a duty to defend the additionally insured general contractor in third party litigation asserting its vicarious liability for the subcontractors’ acts. The carriers argued that [...]
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Contractor Recovers as Additional Insured Despite Certificate of Insurance Being Issued After Date of Accident
Additional Insured,Insurance Coverage Disputes
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Where subcontractor agreed by contract to procure insurance for itself and the prime contractor, the prime was deemed to be insured under the subcontractor’s policy from the date it was issued without regard to the fact that the certificate of insurance naming it as an additional insured was not issued until several months later – [...]
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Additional Insured Endorsement Limited
Additional Insured,GCL,Insurance - Additional Insured,Insurance Coverage Disputes
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Contractors are often required by contract to name the project owner as an “additional insured” under a commercial general liability (CGL) policy and this is routinely done. Subcontractors are sometimes required to name both the general contractor and project owner as additional insureds under their CGL policy. Design professionals, on the other hand, rarely are [...]
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Insurance Company Improperly Refused to Defend Additional Insured Under Contractor’s Policy
Additional Insured,CGL Professional Exclusion,duty to defend,Insurance,Insurance Coverage Disputes
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An additional insured endorsement to an insurance policy entitled the Texas Department of Transportation (TxDOT) to a defense by the Contractor’s insurance company. St. Paul Insurance Company did not deny that it owed some coverage to TxDOT, but it refused to defend the agency, claiming that TxDOT would be adequately protected from vicarious liability by [...]
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