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 tiers of parties each with several types of coverage
Owner / Owner controlled rolling insurance program not automatic – only for dedicated projects
General Contractor / Liability insurance but required lower tier to name it additional insured
Subcontractor / Liability and umbrella required sub sub to name it additional insured on a primary & non-contributory basis
Sub-Sub / Liability and Umbrella – policy had exclusion where Rolling Wrap-up applied