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
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
Interesting Questions Deflected by Local Court to be Decided by Forum Identified in Agreement PARTIES AND FACTS Wegmans grocery store was constructing a store in Burlington Massachusetts. It hired two companies to work on the project. Aerotek contracted with Wegmans that Aerotek would supply employees to provide construction supervision. Story was such an employee, hired to serve as construction foreman. As part of that agreement, Aerotek agreed to add… Read More
INSURER OWES NO ATTORNEY’S FEES ON VERDICT ON UNCOVERED CLAIMS Homeowner/ Contractor Insurer dispute goes 15 years. Styller v National Fire & Marine Insurance Company Mass App Ct 2019 PARTIES – Homeowner Styller hired contractor FCMNH in 2004 for demo and repair of his home. FCMNH was insured under a general liability policy by National Fire & Marine. CLAIMS FROM THE WORK Unhappy with the… Read More