Additional insured - Silver Lake Legal

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 »

Insurance for construction work related virus personal injury and health harms to others – covered, excluded or limited?

VIRUS RELATED WORK INJURIES An injured person may claim that a company’s failure to take to reasonable precautions to prevent the spread of the Corona virus at its place of business makes out an accidental event that led to bodily injury. WORKERS COMP – AUTOMATIC BUT LIMITED Hurt at work? Every employer must provide workers… 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Recent Massachusetts Appeals Court unpublished decision adds to confusion over the already complex system for additional insured coverage.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 »

Employers Become OSHA Investigators Under Updated Virus Rules

ASK WHEN YOU LEARN OSHA standards for COVID 19, updated on May 19, 2020, uses reporting requirements to turn employers into investigators of their own jobsites. The employer must use reasonable efforts to reach conclusions on the questions – Has the pandemic visited your worksite? Was the employee’s COVID work-related? OSHA (the Federal Department of… Read More »

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Charles W. Cobb

Attorney at Law

ADDRESS

320 Nevada Street Ste 301,

Newton MA 02460

EMAIL

ccobb@silverlakelegal.com

PHONE NUMBER

(978) 979-1223

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