From the 2nd Circuit Court of Appeal comes a reminder that undertaking defense of a claim without any reservation of rights can bar an insurer from disclaiming coverage nine months later – even if the claim was not within the policy language from t…
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Readers of this blog know that the terms and conditions in equipment rental agreements favor the rental company. Those agreements typically have one-sided indemnity clauses, on the basis that the rental company expects the renting contractor to ca…
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The New York Court of Appeals, in a split decision, has focused on one word in deciding that a owner’s construction manager was not entitled to additional insured status on the general contractor’s policy.
The contract required the GC to inclu…
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A subcontract required the second-tier sub to include the project owner and general contractor as additional insured parties. But the second-tier sub’s insurance policy had a “privity endorsement,” which allows additional insured status only fo…
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Decisions in two separate courts have come to the same conclusion: additional insured status can be conferred via (1) a contract – which was a lease, in each of these cases – requiring Party A to be designated as an additional insured on Party B…
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At first blush this seems simple: “defend” does not mean “prosecute.” But there is a split among jurisdictions as to whether the insurer’s duty to defend includes the duty to pursue a counterclaim that is factually intertwined with the d…
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The NY Court of Appeals, construing language of an insurance endorsement, has held that the endorsement terms established a proximate cause standard. In the process, the court reiterated that a proximate cause standard is narrower than the phrase “…
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File this one under “Oops.” The unsigned contract meant that the contractual liability exclusion in the subcontractor’s insurance policy would control, since there was no obligation “assumed in a contract or agreement . . . [where the claim]…
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The sad part about decisions abrogating insurance coverage, based on misrepresentations by the insurance applicant, is that innocent third parties often suffer from the lack of coverage. A recent Pennsylvania decision provides one more example.
Th…
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Contractor lent a vehicle to a sub, and the sub’s employee caused a fatal accident. The subcontract had an indemnity in favor of the contractor. Five insurance policies were in play: (1) sub’s auto policy, (2) sub’s GL, (3) sub’s umbrella,…
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Stan Martin holds a law degree and an undergraduate degree in architecture. He has been involved with the construction industry for more than 45 years, working in construction prior to law school and beginning his construction law practice. Over the course of his career, he has served on boards and committees for organizations including the Associated General Contractors of Massachusetts, the Boston Society of Architects, and the Massachusetts Building Congress.
