Wright-Ryan was hired as the general contractor to construct a building at the University of Southern Maine. Wright-Ryan Constr., Inc. v. AIG Ins. Co. of Canada, 2011 U.S. App. LEXIS 15502 (1st Cir. July 27, 2010). Wright-Ryan subcontracted with Norgate Metal, Inc. for the fabrication and erection of structural steel for the project. Norgate
Additional Insured
“Other Insurance” and Indemnity Provisions Determine Which Insurer Must Cover
By Tred R. Eyerly on
A policy's "other insurance" clause and a contractual indemnity provision were at the root for determining which of two insurers had to cover for injuries at a construction site. Valley Forge Ins. Co. v. Zurich Am. Ins. Co., 2011 U.S.Dist. LEXIS 76061 (N.D. Calif. July 14, 2011).
Hathaway was the general contractor at a demolition…
Defense for Additional Insured Not Barred By Sole Negligence Provision
By Tred R. Eyerly on
A general contractor was entitled to a defense as an additional insured when the underlying complaint did not allege it was solely negligent. A-1 Roofing Co. v. Navigators Ins. Co., 2011 Ill. App. LEXIS 656 (Ill. Ct. App. June 24, 2011).
A-1 was the general contractor for a roof resurfacing job at…
Lack of Coverage for Named Insured Does Not Negate Coverage for Additional Insured
By Tred R. Eyerly on
Although the commercial auto policy excluded coverage for the named insured, coverage was still possible for the additional insured. Great West Casualty Co. v. Terminal Trucking Col., LLC, 2011 U.S. Dist. LEXIS 30356 (D. S.C. March 22, 2011).
Wellman, Inc. sold bales of polyester fiber to Milliken & Company. Wellman contracted with…
General Contractor Covered As Additional Insured in Personal Injury Suit
By Tred R. Eyerly on
The extent of coverage for a General Contractor as an additional insured was the issue in Kummer Enter., Inc. v. Valley Forge Ins. Co., 2011 U.S.Dist. LEXIS 17726 (W.D. Mich. Feb. 23, 2011).
The General Contractor contracted to build an addition to a medical center. One subcontractor, Total Foundations LLC., was required to…
Policy Language Provides No Coverage for Additional Insured
By Tred R. Eyerly on
The plaintiff was a developer of a subdivision. See Standard Pacific of the Carolinas, LLC v. Amerisure Ins. Co., 2011 U.S. Dist. LEXIS 963 (D. S.C. Jan. 5, 2011). Pursuant to a contract, it hired Matthews Construction as general contractor to build the subdivision. Matthews agreed to providea general liability policy from Amerisure naming…
Indemnity Agreement That May Never Be Triggered Is Still Insured Contract
By Tred R. Eyerly on
If an indemnity agreement is never triggered, is the agreement still an "insured contract" under a CGL policy? The court in Cheramie v. ERA Helicopters, LLC, 2010 U.S.Dist. LEXIS 128611 (E.D. La. Dec. 3, 2010) answered yes.
Dodi Cheramie, an employee of Professional Cleaning Maintenance Services, LLC ("PCMS"), sued ERA when she…
Hawaii Federal Court Construes Competing “Other Insurance” Provisions
By Tred R. Eyerly on
If the insured's two carriers both have "other insurance" provisions, which policy is primary and which is excess. The federal district court sorted through this issue in Nautilus Ins. Co. v. Lexington Ins. Co., 2010 U.S. Dist. LEXIS 120883 (D. Haw. Nov. 15, 2010).
In July 2007, Kila Kila Builders, a subcontractor, and VP&PK…
Insurer’s Motion to Deny Coverage to Additional Insured Fails
By Tred R. Eyerly on
The insurer's motion for summary judgment, seeking to deny coverage for an additional insured, was rejected in York Hunter Constr. Serv., Inc. v. Great Am. Custom Ins. Serv., Inc., 2010 N.Y. Misc. LEXIS 4513 (N.Y. Sup. Ct. Sept. 17, 2010).
A plumber was injured on the job site when his foot got…
Documented Prior Knowledge of Defect Eliminates Coverage
By Tred R. Eyerly on
Sorting out whether the contractor had coverage for alleged construction defects under the subcontractor's policies was the issue in Travelers Cas. and Sur. Co. v. Dormitory Auth., State of New York, 2010 U.S. Dist. LEXIS 79024 (S.D. N.Y. July 30, 2010).
Trataros Construction, Inc. was the general contractor on the project. Trataros contracted…