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8 Mar, 2013

HOW TO PROPERLY INSURE A CONSTRUCTION PROJECT

2018-04-23T20:59:45-05:00March 8th, 2013|Additional insured coverage, Construction liability, Construction subrogation, Indemnity clauses, Insurance contract, Midwest Insurance Law Guide|

  Here are three simple rules for obtaining indemnity and insurance on a construction project if you are the owner or the General Contractor. #1.  Make all subcontractors add you as an additional insured on their CGL policies by endorsement.  Insist upon the ISO 1985 version, which would cover you for losses incurred even if it is your fault.  This is the broadest form available. #2.  Draft a contract with the subs that contains two separate clauses:  one [...]

22 Jan, 2013

MUTUAL WAIVER OF SUBROGATION CLAUSES

2018-04-23T20:59:45-05:00January 22nd, 2013|Commercial General Liability (CGL), Complex insurance coverage, Construction liability, Construction subrogation, Midwest Insurance Law Guide, Mutual waivers|

Because they are more and more commonly used, it is worth our time to look into these clauses and understand how they affect both the policyholder and the insurance company.  Let’s start with discussing what these clauses mean.    What is a mutual waiver of subrogation clause?  These clauses are commonly found in construction and landlord tenant contracts.  The language insists that the parties to the contract mutually agree to waive [...]