Employees of a subcontractor were injured on a construction project, and they sued the owner and the general contractor. The subcontractor’s excess insurer, Mt. Hawley Insurance Co., disclaimed additional insured coverage to...more
8/30/2023
/ Attorney-Client Privilege ,
Bodily Injury ,
Burden of Proof ,
Claims Adjusters ,
Construction Project ,
Excess Policies ,
Insurance Claims ,
Insurance Industry ,
New York ,
Policy Exclusions ,
Property Insurance ,
Property Owners ,
Subcontractors
Second Circuit Finds That Subcontract Did Not Incorporate GC’s Obligation To Obtain Additional Insured Coverage For Owners And That GC’s Primary Policy Was Primary To GC’s Additional Insured Coverage Under Sub’s Umbrella...more
The insureds, a country club and motorcycle group, held an annual motorcycle rally. They were sued by two motorcycle riders who were struck by an automobile as the riders and automobile were entering the premises of the club...more
4/27/2023
/ Bodily Injury ,
Duty to Defend ,
Exclusions ,
General Contractors ,
Insurance Industry ,
Insurance Litigation ,
New York ,
Property Damage ,
Property Insurance ,
Subcontractors ,
Third-Party ,
Workplace Injury
Southern District Refuses To Use Extrinsic Evidence “Bound Up With Merits” Of Underlying Action To Defeat Duty To Defend-
622 Third Avenue LLC filed a declaratory judgment action against Harleysville Worcester Insurance...more
Second Circuit Holds That Insurer Precluded From Relying On Exclusions Because Unreasonably Delayed Disclaiming While Basis Was, Or Should Have Been, Apparent-
In December 2015, Luis Alberto was working on a construction...more
Court Holds That Contractor’s Insurer Must Defend Owner As Additional Insured In Personal Injury Action Filed By Subcontractor’s Employee-
A premises owner hired a contractor to perform an oil-to-gas boiler conversion, and...more
10/28/2021
/ Additional Insured ,
Audits ,
Bodily Injury ,
Contractors ,
Default Judgment ,
Duty to Defend ,
Indemnity Agreements ,
Insurance Industry ,
Premiums ,
Subcontractors ,
Workplace Injury
Southern District of New York Holds That COVID-19 Claim Not Covered-
Café du Soleil (the Café) operates a small Manhattan restaurant that suffered financial losses during the COVID-19 pandemic and suspended operations...more
7/28/2021
/ Assault ,
Business Interruption ,
Business Losses ,
Commercial Insurance Policies ,
Contractors ,
Coronavirus/COVID-19 ,
Duty to Defend ,
Insurance Claims ,
Insurance Industry ,
Manslaughter ,
Subcontractors
First Department Finds Exterior Work Over Two Stories Exclusion Did Not Apply To Accident From Work On Lower Floors-
Adelphi University hired a general contractor for a construction project to build, from the ground up, a...more
6/29/2021
/ Allstate ,
Anti-Assignment Clauses ,
Asbestos ,
AT&T ,
Construction Industry ,
General Contractors ,
Liability ,
Malpractice Insurance ,
Negligence ,
Nokia ,
Policy Exclusions ,
Sexual Harassment ,
Subcontractors
Kenneth Jacobson was injured on a construction site, and he sued the owner of the premises and the general contractor (“GC”). The owner and GC filed a third-party action for contribution against a subcontractor insured by...more
A Manhattan law firm sued Midvale Indemnity Company seeking coverage under the firm’s commercial property insurance policy for losses caused by stay-at-home and social distancing directives issued by New York State in...more
2/23/2021
/ Appellate Courts ,
Bodily Injury ,
Business Interruption ,
Commercial Insurance Policies ,
Commercial Property Owners ,
Coronavirus/COVID-19 ,
Declaratory Judgments ,
Insurance Industry ,
Rental Property ,
Shelter-In-Place ,
Subcontractors ,
Summary Judgment
Pierce Management, a general contractor, subcontracted with RJK Electric for electrical work on a drive-thru at a Starbucks. Pierce’s project manager was allegedly injured while walking to his car in the parking lot by a...more
New York Court Reaffirms That Contractor’s Defective Work Is Not A Covered “Occurrence” Anthony and Sandra Tamer hired RD Rice Construction (“Rice”) as a general contractor to gut and rebuild their combined residential...more
7/30/2020
/ Business Property ,
Deadlines ,
Denial of Insurance Coverage ,
General Contractors ,
Liability Insurance ,
New York ,
Occurrence ,
Personal Property ,
Policy Exclusions ,
Proof of Loss ,
Property Damage ,
Public Adjusters ,
State and Local Government ,
Subcontractors ,
Water Damage