Additional Insured

Unfortunate (and Unexpected) Restriction on Additional Insured Status

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… Read More
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When Will We Learn? Contracts Do Not Modify Insurance Policies

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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Additional Insured Status Can Arise Indirectly by Lease (or other Written Contract)

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… Read More
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“Arising Out of” is Not the Functional Equivalent of “Proximately Caused by”

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 “… Read More
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Unsigned Contract = No Proper Insurance Coverage

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]… Read More
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How Do Additional Insured Obligations Work with Subcontract Flow-Down Clauses?

They don’t. Unless the subcontract is carefully drafted, that is. So where the prime contract required the owner to be named as an additional insured, and the subcontract flow-down clause passed along the GC’s obligations to the owner, as the… Read More
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Company Was Additional Insured Under GL Policy Even by General Designation and Not Specific Name

A second-tier subcontract required the sub-sub to provide insurance naming, as additional insured parties, both the first-tier sub, and also “the Project owner and construction manager.” When the sub-sub’s employee was injured and su… Read More
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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. 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.

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