Court Bounces Insurance Claim for Cost of Fixing Gym Floor
The Windsor School (Owner) hired the contractor (LKC) to build a new gymnasium. LKC hired a subcontractor to lay the floor. Within months of completion, the architect notified the contractor of flooring deficiencies. Lee Kennedy Co. v. Arch Insurance Company, Dist. Court, D. Massachusetts 2019 When the contractor held the sub’s retainage, the sub sued.… Read More »Court Bounces Insurance Claim for Cost of Fixing Gym Floor
Corporate Agent Wrongdoing – How Far Up the Chain Does Responsibility for Intentional Acts Climb?
Only the wrongful actions of agents at senior levels of corporations will be imputed to the corporation for purposes of the rule that any recovery by wrongdoers is blocked. Merrimack College v KPMG Massachusetts SJC (2018) FACTS A bookkeeper in the accounting office of a college made fraudulent entries putting debt onto students improperly. An… Read More »Corporate Agent Wrongdoing – How Far Up the Chain Does Responsibility for Intentional Acts Climb?
The insurance requirements worked in this 2018 North Carolina case, in forcing the lower tier sub’s primary general liability and umbrella insurers to pay for defense and for the amount of the settled claim. Continental Cas. Co. v. Amerisure Ins. Co., Typical claim arrangement. Injury to employee of sub-sub. Lawsuit against Sub, General and Owner. Four… Read More »Contractual risk transfer – this time it worked.
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 »Construction insurance – expensive because it is incomprehensible
Construction Equipment Lessor Gets Out of Injury Suit This Time
Massachusetts judges have twice recently considered the liability of a construction equipment renter to a person injured while using the equipment and the cases reach different results. The most recent case let the lessor out directly. As reported here the lessor of a construction lift had to share liability for its users’ actions in a… Read More »Construction Equipment Lessor Gets Out of Injury Suit This Time
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