News & Analysis as of

Policy Terms Additional Insured

Carlton Fields

Texas Appeals Court Finds Project Owner Excluded From Coverage as Claimants’ Statutory Employer

Carlton Fields on

On April 3, 2025, a Texas state appeals court reversed a trial court order awarding Exxon Mobil $25 million under an umbrella insurance policy issued by Lexington Insurance Co. to Brock Services Ltd. The appeals court found...more

Maynard Nexsen

“Other Insurance” Issues with Additional Insureds and Indemnity

Maynard Nexsen on

Excess insurance policies are generally written to be just that; they—through their “other insurance” provisions—purport apply in excess of other insurance available to the insured. In many jurisdictions, courts will commonly...more

Katten Muchin Rosenman LLP

Are You Really Covered as an Additional Insured?

For your next construction project in New York, securing commercial general liability coverage as an additional insured may not be as simple as it would appear. Recent court rulings have interpreted the terms of insurance...more

Rivkin Radler LLP

New York Insurance Coverage Law Update — Compilation 2024

Rivkin Radler LLP on

An owner, general contractor (GC) and subcontractor (Sub) were sued by injured workers at a construction site, and they were defended by the Sub’s insurer, U.S. Specialty Insurance Company. U.S. Specialty tendered their...more

Robinson+Cole Construction Law Zone

For Whom Additional Insured Coverage Applies in New York

Simply including a requirement in a contract to add certain parties as additional insureds under a commercial general liability insurance (CGL) policy may not be enough to ensure such coverage is provided in New York. In New...more

Butler Weihmuller Katz Craig LLP

IL Court: Insurer Can Subrogate Additional Insured Without Equitable Principles

Illinois Appellate Court Holds that Insurer May Subrogate to the Rights of an Additional Insured Based on a Contractual Right to Subrogation and that Equitable Subrogation Principles Do Not Apply - In a recently decided...more

Lowndes

Co-Insured vs. Additional Insured: Which One to Choose and Why It Matters?

Lowndes on

Did you know that unrelated third parties (like a landlord and a tenant) should not be named a “co-insured” or even a “named insured” on another party’s insurance policy? In fact, the coverage provided to an unrelated third...more

Robinson+Cole Environmental Law +

Decision Provides a Cautionary Tale About Contracting for Environmental Services

An important lesson on contracting with environmental consultants recently came out of a federal district court in California in Golden Gate Way, LLC v. Enercon Services, Inc., 20-cv-03077-EMC (N.D. Cal. Nov. 18, 2021)....more

Pillsbury - Policyholder Pulse blog

Is Contractual Privity Required for Additional Insured Status? Courts Are Divided.

In a previous post, we addressed blanket additional insured endorsements and the role they play in passing insurance obligations downstream. In short, the purpose of a “blanket” endorsement is to grant additional insured...more

Cozen O'Connor

When 1% Equals 100%: New York Rejects Fault Based Approach to Additional Insured Coverage

Cozen O'Connor on

When a named insured is only 1% responsible for an accident, what percentage of indemnity coverage is owed to an additional insured? A recent New York federal court says 100%. In New York, additional insured coverage may very...more

Butler Weihmuller Katz Craig LLP

Information or Indemnity: Do Certificates of Insurance Grant Insured Status?

Often, a person or entity that is attempting to claim additional insured status under the insurance policy of another will rely on a “Certificate of Insurance” that was issued by the named insured’s agent....more

Haight Brown & Bonesteel LLP

Care, Custody or Control Exclusion Requires Complete and Exclusive Control by Insured Claiming Coverage

In McMillin Homes Construction v. Natl. Fire & Marine Ins. Co. (No. D074219, filed 6/5/19) a California appeals court held that a “care, custody or control” exclusion did not bar coverage for defense of a general contractor...more

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