Suffolk Construction was allowed to press its claims to get back some of the money kept by a bank whose borrower, a Suffolk subcontractor, went out of business. In the second case by Massachusetts’ top court over the same facts, Suffolk a large construction manager, made claims against money held by a bank – beyond… Read More »Anti-windfall rule allows reclaiming mistakenly sent, wrongly retained, money
More and more states have passed laws prohibiting agreements that require someone to answer a claim entirely caused by the person seeking reimbursement or indemnity. It has been standard in construction to push risks onto other parties who then get insurance for those exposures. The new laws prohibiting these formerly common provisions, have created uncertainty… Read More »Anti Indemnity Law and Wrap Insurance
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
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