Additional Insured’s Policy Made to Pay First As Primary – With The Named Insured As Excess
Sophisticated insureds can’t understand additional insured either Scottsdale Insurance v United Rentals US Dist Ct. Massachusetts (2018) FACTS Gomes had Scottsdale Insurance and when Gomes rented a lift from United Rentals it added United Rentals as additional insured. A Gomes employee was operating the lift when it caused personal injury to Ayotte. Ayotte sued… Read More »Additional Insured’s Policy Made to Pay First As Primary – With The Named Insured As Excess
Additional Insured Status 2013 Update – Require It Clearly
Many construction contracts require subcontractors to secure General Liability “additional insured” status for the construction managers hiring them. With this protection, if the CM or Owner gets pulled into a suit due to the subcontractor’s negligence, the sub’s insurer will protect those upstream parties. Insurers for subcontractors want not to have to provide any greater… Read More »Additional Insured Status 2013 Update – Require It Clearly
Additional Insured contractor blocked from GL Coverage by Sub’s Residential Exclusion
CWC Builders, Inc. v United Specialty Insurance Company US District Court D Mass 2015 FACTS Construction manager CWC, on a residential construction project, required its subcontractor to add CWC as an additional insured on the sub’s General Liability policy with United. A flooding incident damaged a neighboring property and CWC got sued. CWC called on… Read More »Additional Insured contractor blocked from GL Coverage by Sub’s Residential Exclusion
Vermont Mutual v Poirier SJC (2022) FACTS Sewage got into a homeowner’s basement. Poirier (doing business as Servpro of Fitchburg-Leominster) cleaned it up. Poirier warned the homeowner to stay out of the basement while the disinfectants dried but did not warn her that going in, before the disinfectants dried, could be dangerous to her health.… Read More »93A Attorney’s Fees Not Covered by GL
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