General Contractor Blocked from Enjoying Additional Insured Defense Coverage Due to the Cross-Liability Exclusion Recent Massachusetts Appeals Court unpublished decision adds to confusion over the already complex system for additional insured coverage. Phoenix Bay State v First Financial Insurance Mass Appeals Court 2020 PARTIES General Phoenix Subcontractor Lanco Sub’s Insurer FFIC Suit Lanco employee v Phoenix Policy Phoenix demands defense as an additional insured on Lanco… Read More
Employers Become OSHA Investigators Under Updated Virus Rules ASK WHEN YOU LEARN OSHA standards for COVID 19, updated on May 19, 2020, uses reporting requirements to turn employers into investigators of their own jobsites. The employer must use reasonable efforts to reach conclusions on the questions – Has the pandemic visited your worksite? Was the employee’s COVID work-related? OSHA (the Federal Department of… Read More
Insurance for construction work related virus personal injury and health harms to others – covered, excluded or limited? VIRUS RELATED WORK INJURIES An injured person may claim that a company’s failure to take to reasonable precautions to prevent the spread of the Corona virus at its place of business makes out an accidental event that led to bodily injury. WORKERS COMP – AUTOMATIC BUT LIMITED Hurt at work? Every employer must provide workers… Read More
Contractual risk transfer – this time it worked. 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