News & Analysis as of

Additional Insured

California Court of Appeal: Inserting The Phrase “Ongoing Operations” In An Additional Endorsement Is Not Enough to Preclude...

In a victory for additional insureds, a California appeals court held, in Pulte Home Corp. v. American Safety Indemnity Co., Cal.Ct.App. (4th Dist.), Docket No. D070478 (filed 8/30/17), that an insurer’s denial of coverage...more

First Look - Summer 2017: Issues and Developments in Insurance Law

by Steptoe & Johnson PLLC on

The first step in any coverage analysis is determining who is an insured. Sounds easy, right? Not necessarily. As commentators have noted, “[t]here is a distinction between a ‘named insured’ and an ‘insured.’” Indeed, another...more

Another Disappointed “Additional Insured.”

by Butler Snow LLP on

We’ve used this headline before. We’ll almost certainly use it again. The case this time, just handed down by the New York Court of Appeals, is Burlington Insurance Co. v. NYC Transit Authority....more

New York’s Highest Court Applies Proximate Cause Test To Additional Insured Endorsement

In The Burlington Insurance Company v. NYC Transit Authority, et al., (N.Y. June 6, 2017), the New York Court of Appeals – New York’s highest court – held that when an insurance policy states that additional insured coverage...more

Illinois Appellate Court Finds Duty To Defend Property Owner Based On Potential For Vicarious Liability For Subcontractor’s...

In Pekin Ins. Co. v. Centex Homes, 2017 IL App (1st) 153601, the Illinois Appellate Court Circuit had occasion to consider whether an insurer had an obligation to defend two putative additional insureds when its named insured...more

Could You Be More Specific . . . About My Excess AI Coverage?

Are you a general contractor who is pretty sure that you have additional insured coverage for some stuff under your sub-subcontractor’s excess policy? Advent, Inc. v. National Union Fire Ins. Co. of Pittsburgh, PA, Case No....more

Arizona Court of Appeals Confirms “Subcontractor Exception” to “Your Work” Exclusion Does Not Apply to Additional Insured General...

by Jaburg Wilk on

In Double AA Builders, Ltd. v. Preferred Contractors Insurance Company, LLC, --- P.3d ----, 2016 WL 7508079, *1 (Ariz. Ct. App. Dec. 30, 2016), the Arizona Court of Appeals reversed the trial court’s grant of summary...more

Construction One-Minute Read: The Unbearable Lightness of Being an Additional Insured

The “additional insured” provision is one of the most critical provisions in a contract, yet is usually an afterthought. Contract negotiations over scope, schedule, and budget can and should demand your full attention, but...more

Arizona Court of Appeals Rules That Coverage for an Additional Insured is no Greater Than Coverage Afforded a Named Insured - -...

by Dickinson Wright on

In a matter of first impression, the Arizona Court of Appeals recently ruled that the “Your Work Exclusion” in a Commercial General Liability (“CGL”) insurance policy bars coverage for an additional insured when the only...more

Insurance Coverage – “Other Insurance” Provisions Between Excess Carriers

by Low, Ball & Lynch on

Advent, Inc. v National Union Fire Ins. Co. of Pittsburgh, PA - Court of Appeal, Sixth Appellate District (December 6, 2016) - Historically, “other insurance” clauses in liability policies were designed to prevent...more

Seventh Circuit Addresses Written Contract Requirement for Additional Insured Coverage

In its recent decision in Selective Ins. Co. v. Target Corp., 2016 U.S. App. LEXIS 23370 (7th Cir. Dec. 29, 2016), the United States Court of Appeals for the Seventh Circuit, applying Illinois law, had occasion to consider...more

Are You Really An Additional Insured?

by Seyfarth Shaw LLP on

Parties structuring transactions or business relationships often attempt to shift risk to their counter-party by having such party included as an additional insured on the counter-party’s insurance policies. In the real...more

Court of Appeals Changes Calculation of Statute of Repose

by Sherman & Howard L.L.C. on

Colorado law generally prohibits construction defect lawsuits against a construction professional brought “more than six years after the substantial completion of the improvement to the real property.” § 13-80-104, C.R.S....more

Defence & Indemnity - August 2016: I. INSURANCE ISSUES

by Field Law on

A. In a commercial lease, the covenant of the tenant to insure the landlord along with itself fixes the tenant with the risk of loss. Failure to add the landlord to the policy, as required by the lease, does not allow the...more

Taking Rights over Third Party Insurances

by Reed Smith on

Following the publication of our client alert dated 20th January 2016, we have been asked to consider a series of issues relating to insurance arrangements designed to maximise the benefit of cover for the interests of a...more

Massachusetts Court Holds Insured Contract Does Not Compel a Duty to Defend

In its recent decision in Jiminy Peak Mountain Resort, LLC v. Wiegand Sports, 2016 U.S. Dist. LEXIS 34209 (D. Mass. Mar. 16, 2016), the United States District Court for the District of Massachusetts had occasion to consider...more

Finding coverage for “additional insured,” Third Circuit cautions that “insurer cannot bury its head in the sand”

by Reed Smith on

Executive Summary - Using the “four corners” rule, the U.S. Court of Appeals for the Third Circuit decided in Ramara, Inc. v. Westfield Insurance Co., No. 15-1003 (3d Cir. Feb. 17, 2016), that an insurer owed a garage...more

Seventh Circuit Holds Certificate Of Insurance Issued Post-Accident Satisfies Ambiguous Additional Insured Requirements

In Cincinnati Ins. Co. v. Vita Food Prods., 2015 U.S. App. LEXIS 21878 (7th Cir. 2015), the U.S. Court of Appeals for the Seventh Circuit had occasion to consider whether a defendant qualified as an additional insured where...more

New Jersey Court Addresses Insured’s Failure to Pay SIR

In its recent decision in Colony National Ins. Co. v. Control Building Services, Inc., 2015 U.S. Dist. LEXIS 155757 (D.N.J. Nov. 18, 2015), the United States District Court for the District of New Jersey had occasion to...more

Yet ANOTHER Disappointed “Additional Insured”

by Butler Snow LLP on

The retail giant Costco joined the ranks of disappointed “Additional Insureds” the other day in a California Court of Appeals case, Costco Wholesale Corp. v. Tokio Marine and Nichido Fire Ins. Co. Ltd., which left Costco and...more

Additional Insureds Deserve Attention Too: New York Court Finds Insurer’s Reservation of Rights to Named Insured Did Not...

by Carlton Fields on

Liability insurers issuing or delivering policies in New York are well apprised of the statutory requirement that the insured is to be provided written notice of a disclaimer or denial of a bodily injury or death claim “as...more

Another Disappointed “Additional Insured”

by Butler Snow LLP on

No contract clause is more common than the one that says, in effect, “B promises to carry commercial general liability insurance, and to make A an ‘Additional Insured’ under B’s policy.” And perhaps no contract clause...more

Additional Insureds Beware: A Certificate of Insurance Does Not Guaranty Coverage

This is the first in a 2-part series on the use of certificates of insurance as evidence of liability coverage for contractors on construction projects. The second part of the series will discuss the potential impact of...more

It Means What It Says: Federal Court of Appeals Rejects Insurer Attempt to Read Limitations Into Additional Insured Endorsement

by Reed Smith on

In the world of insurance coverage litigation, insurance companies like to accuse policyholders of attempting to expand coverage terms, or limit the scope of exclusions, beyond the language’s plain meaning. “The policy means...more

Insurance Recovery Law - June 2015 #2

No Policy? No Problem, The First Circuit Rules In A Coverage Dispute - Why it matters: This case addresses the standard for pleading a missing insurance policy where the alleged insured, a private educational...more

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