Innocent co-insured can claim half of property loss caused by co-insured arsonist. FACTS Co-owners of a home insured it. One of them burned it on purpose. The other one, innocent of involvement in the fire, made a fire loss claim on the homeowner’s insurance. The 2020 Mass Supreme Judicial Court case Aquino v United Property & Casualty Company (2019) stated “Pastrana set fire to the home intentionally… Read More
Rough Framer’s Insurer had to Defend Upstream Parties in Pipe Freeze Water Damage Case Philadelphia Indemnity v Consigli Construction Co. Inc, Dist Court D Mass (2018) PARTIES AND FACTS Pipes burst in a Condominium. The Condominium, insured by Philadelphia, paid – and sued others for subrogation – to recoup. In the name of their insured Condo, Philadelphia sued Consigli – general contractor “Stock” Building Supply – the framing subcontractor… Read More
Insurer Not Stuck With Parties’ Settlement, Arguing That Since Death Was Not Accident, Claim Was Not Covered Massachusetts’ top Court laid out the process for insurers to show they should not have to pay for a voluntary settlement reached by parties covered by insurance. With personal injury insurance you get a legal defense paid for by the carrier as long as covered claims are asserted and you get indemnity. This Massachusetts case… Read More
Construction insurance – expensive because it is incomprehensible Additional insured status useless due to anti-indemnity laws MAXIM CRANE WORKS, LP v. ZURICH AMERICAN INSURANCE COMPANY, Dist. Court, SD Texas 2019 FACTS Crane lessor Maxim leased its crane ‘as is’ to Berkel on a Skanska job. Maxim became additional insured on Berkel’s Zurich general liability policy. Berkel, a Skanska subcontractor was enrolled in the… Read More