Additional Insured
Separation of Insured Clause Strikes Again to Deny Coverage
July 22nd, 2020
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…
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Insurance Exclusion Negates Additional Insured Coverage
July 8th, 2020
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…
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Unfortunate (and Unexpected) Restriction on Additional Insured Status
March 28th, 2018
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…
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When Will We Learn? Contracts Do Not Modify Insurance Policies
October 18th, 2017
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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Additional Insured Status Can Arise Indirectly by Lease (or other Written Contract)
September 29th, 2017
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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“Arising Out of” is Not the Functional Equivalent of “Proximately Caused by”
June 9th, 2017
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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Unsigned Contract = No Proper Insurance Coverage
May 18th, 2017
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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How Do Additional Insured Obligations Work with Subcontract Flow-Down Clauses?
March 23rd, 2017
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 sub…
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Company Was Additional Insured Under GL Policy Even by General Designation and Not Specific Name
September 3rd, 2016
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 sued…
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About Stan Martin
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.