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Contractor Forfeited Right to Indemnity from Insurance Carrier

by Kent Holland | Apr 14, 2025 | Newsletter Article

Where Insured contractor settled a claim against it by its owner client, the insurance carrier declined to cover the settlement as “damages”.  In a lawsuit against the carrier by the contractor, a court found the carrier had no duty to indemnify the contractor for the...

Incorporation by Reference Clause Did Not Flow Down Prime Contract Insurance Provisions to the Subcontractor

by Kent Holland | Jan 4, 2024 | Newsletter Article

Where Owner argued that it was covered as an Additional Insured under a Subcontractor’s CGL policy, the court held that the subcontract required only that the Prime Contractor be named as an additional insured, and because no one is an additional insured unless a...

Pollution Exclusion was Ambiguous and Unenforceable as Applied to Homeowner’s Claim Regarding Heating Oil Damage to its Basement.

by Kent Holland | Jul 13, 2023 | Newsletter Article

Where an insurance carrier denied coverage for damages caused by a heating and air-conditioning company whose removal of a system from a residential home resulted in 170 gallons of heating oil leaking into the basement.  The carrier argued that the oil was a...

Where Prime Failed to Require Indemnity from Its Sub and Failed to be Named as Additional Insured – its CGL Carrier Had No Coverage Responsibility

by Kent Holland | May 31, 2022 | Newsletter Article

General contractor and its CGL carrier were sued by a subcontractor’s  employee for injuries sustained when hit by truck driven by another subcontractor while working on site.  The CGL moved for summary judgment on the basis that an exclusion in the policy barred...

Insurance Carrier could not assert the Contractual Liability Exclusion to Deny Coverage for Breach of Contract Claim that arose out of Negligence

by Kent Holland | Nov 23, 2021 | Newsletter Article

The contractual liability exclusion in a professional liability policy is often used by carriers to deny coverage for liability of the Insured design professional (DP) that arises out of the indemnification article of a contract.  For example, if the DP agrees to...
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