Agreement with Duty to Defend Enforced Contractor hired by city has to protect it on suits from cops on hair sample drug testing NO SPECIAL FORM OF NOTICE FOR DUTY TO DEFEND When a contract includes indemnity and an agreement to defend, no special kind of notice is required before the duty to defend is triggered. The burden of notice is… Read More
Why Waive Subrogation? How it works A recent Maryland case shows the protection contractors enjoy when their contract includes waivers of subrogation. Gables Construction v Red Coats Md Ct Appeals (2020) PARTIES AND AGREEMENTS Owner – Upper Rock II General Contractor – Gables Construction Project – 139 Unit Apartment Building Contract – AIA A102 with GMP and AIA A201 with waivers… Read More
Risk transfer thwarted – exclusion clears insurer from defending or paying claims for injuries by subs of ANY insured Exclusion Confusion – no defense of GC from its own Insurer on sub’s bi claim due to Employer’s Liability Exclusion This is the second recent construction case decided under MA law denying coverage to an entity listed as insured on an insurance policy. The first case was in State Court Phoenix Bay State v First… Read More
General Contractor Blocked from Enjoying Additional Insured Defense Coverage Due to the Cross-Liability Exclusion Recent Massachusetts Appeals Court unpublished decision adds to confusion over the already complex system for additional insured coverage. Phoenix Bay State v First Financial Insurance Mass Appeals Court 2020 PARTIES General Phoenix Subcontractor Lanco Sub’s Insurer FFIC Suit Lanco employee v Phoenix Policy Phoenix demands defense as an additional insured on Lanco… Read More