29 Jun, 2015

Construction Contract Language and Insurance Coverage Must Be Consistent

2018-04-23T23:55:10-05:00June 29th, 2015|Construction Contractor Advisor, Insurance coverage|

How often do you review both the additional insured language in the contract and the insurance policy provided by a subcontractor?  My guess is, unless the project has gone off the rails, NEVER.  Well, perhaps you should to make absolutely sure the extent of the subcontractor’s insurance obligations and whether those obligations are being fulfilled. This point was recently addressed in a recent DRI article analyzing the Deepwater Horizon/BP lawsuit.  [...]

8 Jun, 2015

RAILROAD ADDITIONAL INSURED COVERAGE

2018-04-23T20:59:42-05:00June 8th, 2015|Additional insured coverage, Commercial General Liability (CGL), Contract liability coverage, Midwest Insurance Law Guide|

 KEEPS CHUGGING ALONG... Railroads have been asking for additional insured coverage from their vendors, contractors and lessees for some time now.  The body of case law challenging that coverage is slowly building.  In the railroads' favor.  Let's take a look together at the most recent case for some additional nuggets of insight. In Norfolk Southern Ry Co., v. National Union Fire Ins. of Pittsburgh, PA, 999 F. Supp. 2d 906 (U.S. Dist. [...]

24 Feb, 2015

ADDITIONAL INSURED COVERAGE – DENIED!!

2018-04-23T20:59:42-05:00February 24th, 2015|Additional insured coverage, Contract liability coverage, Midwest Insurance Law Guide|

 There is a new case you should know about... In Re Deep Water Horizon ...only because everyone else is talking about it.   Let's break it down here, Dear Readers!  The Texas Supreme Court last week decided In Re Deepwater Horizon , No. 13-0670 (Tex. Sup. Ct. Feb. 13, 2015).  (Hover and click on the link above in order to access the court's decision). The court there rejected additional insured coverage for BP's losses due [...]

17 Jun, 2014

OBSCURE – BUT IMPORTANT – COVERAGE RULES: LESSON TWO

2018-04-23T20:59:43-05:00June 17th, 2014|Additional insured coverage, Midwest Insurance Law Guide|

An Additional Insured May Not Be Covered for Employee Losses.    We are going to go deep today, my friends, into arcane insurance policy interpretation.  We will discuss how two insurance clauses can influence each other in order to to deny coverage. An additional insured by endorsement is an insured under the policy.  They are bound by all other policy terms and exclusions as is the named policyholder.  A standard exclusion in [...]

12 May, 2014

Additional Insured – Do You Really Have Coverage?

2018-04-23T23:55:14-05:00May 12th, 2014|Construction Contractor Advisor, Insurance coverage|

Additional Insured language is contained in nearly every construction contract. But how many of you are actually reviewing the additional insured endorsement? And, does it provide the coverage that you are required to provide? Nearly every construction contract requires that general contractors add owners as additional insureds and subcontractors must add the general contractor as an additional insured. Sometimes, the subcontractors must also list the owner as an additional insured. [...]

5 Nov, 2013

INSURANCE POLICY RISK TRANSFERENCE – 2 WAYS

2018-04-23T20:59:44-05:00November 5th, 2013|Additional insured coverage, Commercial General Liability (CGL), Contract liability coverage, Indemnity clauses, Midwest Insurance Law Guide, Risk transference|

How does a policyholder enforce a contract in which one party assumes the risk of another?    Let's break it down two ways: By additional insured (AI) endorsement.  AI is an insured. Insurer owes AI fiduciary duties. AI must follow policy terms for coverage. AI does not need to have a written contract with Named Insured for coverage to apply. In most states, AI coverage will include negligent acts of AI in addition to [...]

28 May, 2013

Being Named as an Additional Insured Is Not Enough

2018-04-23T23:55:18-05:00May 28th, 2013|Construction Contractor Advisor, Insurance coverage|

Now a days, nearly every construction subcontract requires upstream contractors be named as an additional insured on the subcontractor’s general liability insurance.  But, simply being named as an additional insured in a certificate of insurance is not enough.  General contractors need to make sure that their subcontractors have obtained the proper additional insured endorsements. Why isn't a certificate of insurance enough? A certificate of insurance, which is a document issued by or [...]

14 Mar, 2013

HOW TO GET INDEMNITY IN A CONSTRUCTION CONTRACT

2018-04-23T20:59:45-05:00March 14th, 2013|Additional insured coverage, Commercial General Liability (CGL), Construction liability, Contract liability coverage, Indemnity clauses, Midwest Insurance Law Guide|

Most Midwest states have specific statutes that bar one party from asking for indemnity from another party in a construction related contract.  Iowa, Kansas and Missouri do not.  However, Nebraska, North Dakota, South Dakota and Minnesota do. All parties to any contract that involves any type of construction or design must be aware of these statutes.  If not, your AIA or other contract provisions on indemnity may not be upheld or enforceable in a court of law.  This is [...]

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 [...]

4 Jan, 2013

WHO IS AN ADDITIONAL INSURED?

2018-04-23T20:59:45-05:00January 4th, 2013|Additional insured coverage, Commercial General Liability (CGL), Contract liability coverage, Indemnity clauses, Midwest Insurance Law Guide|

Adding another company as an Additional Insured under your own Commercial General Liability (CGL) policy is a common practice.  The addition protects that other entity against your company’s negligence.  The coverage is almost always limited to “your” work, meaning the work being performed by the Named Insured, not the Additional Insured. This is commonly done in conjunction with an indemnity agreement between the parties.   Additional Insured status is a method [...]

29 Nov, 2012

So, you’re an additional insured. Now what?

2012-11-29T13:52:00-06:00November 29th, 2012|Insurance coverage|

Construction contracts often require subcontractors and sub-subcontractors to name upstream contractors as additional insureds on their policy. I often wonder whether the upstream contractor ever reviews its subcontractors’ insurance policies to find out the specifics on when claims must be made, the limits applicable to the project, and the exclusions. If you are an upstream contractor and you are named as an additional insured on your subcontractor's insurance, here are [...]

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