Does an Additional Insured under a contractor’s commercial general liability (CGL) policy have coverage for claims against the additional insured that aren’t based on allegations of negligent acts or omissions of the named insured contractor? In this decision the...
A project owner and its subcontractors were entitled to be defended and indemnified under its contractor’s commercial general liability (CGL) policy. The “contractual liability” exclusion of the policy was not applicable because indemnity was afforded under an...
Design professionals do not name project owners or contractors as additional insureds under their professional liability policies. This paper from the library of articles and papers hosted on the ConstructionRisk.com website explains why. Read it here. About the...
By: Michael Herlihy, ARM, CRIS – Ames & Gough As discussed in the April, May and June editions of Construction Risk.com Reporter, the New York Supreme Court ruling in Gilbane Building Co./TDS Construction Corp. vs. St. Paul Fire and Marine Insurance/Liberty...
Sparks from a cutting torch being used to remove bolts from a wastewater digester tank ignited a methane gas explosion that killed an employee of a construction subcontractor and injured an employee of another subcontractor. Both subcontractor’s were required by their...
The April 2017 issue of ConstructionRisk.com Report included an article about a case in which the court held that a CGL insurance carrier of a construction contractor was not obligated to defend the project owner’s construction manager as an “additional insured”...
A construction contract between a contractor and project owner required the contractor to name the construction manager (CM) as an additional insured under its commercial general liability (CGL) policy. A sample additional insured endorsement with the CM’s name typed...
Kent Holland, J.D. ConstructionRisk, LLC Where a subcontractor failed to honor its contractual indemnification obligations to defend and indemnify a swimming pool installation general contractor against claims arising out of the subcontractor’s work, the general...
Where a named insured under the commercial general liability (CGL) policy failed to comply with the claim notice provisions of its policy, the insurance company denied coverage to additional insured entities despite the fact that those entities provided timely notice...
Although a subcontractor damaged a sewer pipeline during the course of construction, it owed no indemnification duty to the prime contractor for expenses the prime incurred in repairing the pipe. The key reason given by the court was that a jury found that the sub was...
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