Insurance

The Illusion of Coverage Under a Builder’s Risk Policy

August 12th, 2020
Posted By
Stanley A. Martin
The policy didn’t exactly say “all damages are covered unless caused by a peril that is excluded” and “all damages are excluded unless caused by a peril that is covered ” But that description isn’t very far off. And a contractor’s actio… Read More
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Categories: Construction, Insurance
Tags: Builder's Risk, covered perils, damage to the work, excluded perils, exclusions

Separation of Insured Clause Strikes Again to Deny Coverage

July 22nd, 2020
Posted By
Stanley A. Martin
A very recent blog discussed the effect of a separation of insured clause, on the scope of general liability coverage for an additional insured, when a personal injury claim is pursued by an injured worker. A federal court judge has just reached the… Read More
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Categories: Construction, Insurance
Tags: Additional Insured, cross liability, Endorsement, exclusion from coverage, Named Insured, separation of insured

Insurance Exclusion Negates Additional Insured Coverage

July 8th, 2020
Posted By
Stanley A. Martin
So you think your additional insured status as a GC provides protection against claims by your sub’s injured workers? Think again. General contractors commonly require subs to include the GC as an additional insured party on the sub’s general lia… Read More
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Categories: Construction, Insurance
Tags: Additional Insured, cross liability exclusion, Indemnity, separation of insureds clause, severability of interests

Owner’s Property Insurer Could Pursue GC and Sub for Repayment

June 2nd, 2020
Posted By
Stanley A. Martin
A waiver of subrogation clause is common in construction contracts, relative to property or builder’s risk insurance. It is not just a risk allocation tool, but an insurance risk allocation tool. When there is no waiver of subrogation, does other l… Read More
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Categories: Construction, Insurance
Tags: CCIP, insured interest, Named Insured, property damage, Waiver of Subrogation

One-Year Limitations Period Enforceable for Insurance Policy Claims

December 19th, 2019
Posted By
Stanley A. Martin
In what may seem to many as a harsh decision, the New Hampshire Supreme Court has upheld a one-year limitations period in an insurance policy. The insurance carrier and insured homeowners were in contact soon after the loss. The carrier did some inve… Read More
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Categories: Construction, Insurance
Tags: contract limitations period, Equitable Tolling, one-year limitations, Statute of Limitation, Waiver

Duty to Defend Enforceable Even if Duty to Indemnify is Unresolved

December 6th, 2019
Posted By
Stanley A. Martin
A Connecticut court, applying plain language in a subcontract, has held that the sub must defend the general contractor in an injured worker lawsuit, even if the sub’s obligation to indemnify the GC is not yet established. The worker was employed b… Read More
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Categories: Construction, Indemnity, Insurance
Tags: Contract Terms, Duty to Defend, obligation to indemnify

Failure to Promptly Reserve Rights on Coverage = Loss of Ability to Disclaim

October 2nd, 2018
Posted By
Stanley A. Martin
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… Read More
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Categories: Construction, Insurance
Tags: Disclaimer of Coverage, Prompt Disclaimer, Reservation of Rights, Waiver

Rental Agreement Indemnity – A Setback for Rental Companies

April 27th, 2018
Posted By
Stanley A. Martin
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 carry… Read More
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Categories: Construction, Indemnity, Insurance
Tags: Indemnity for indemnitee's Own Negligence, Indemnity for One's Own Negligence, Scope of Indemnity

Unfortunate (and Unexpected) Restriction on Additional Insured Status

March 28th, 2018
Posted By
Stanley A. Martin
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 include… Read More
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Categories: Construction, Insurance, Public contracts
Tags: Additional Insured, Additional Insured by Contract, Construction Manager, With Whom

When Will We Learn? Contracts Do Not Modify Insurance Policies

October 18th, 2017
Posted By
Stanley A. Martin
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… Read More
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Categories: Construction, Insurance
Tags: Additional Insured, Automatic Status Header, Endorsement, Privity Exclusion
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About Stan Martin

Stanley A. Martin's Profile Image
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. During his career, he has been actively involved with the Associated General Contractors of Massachusetts, the Boston Society of Architects, the American Arbitration Association, and the Massachusetts Building Congress.

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