David Adelstein | Florida Construction Legal Updates Recently, I participated in a webinar involving the horizontal and vertical exhaustion of insurance coverage. Say what? This pertains to the PRIORITY of liability insurance coverage and the interface between a general contractor’s (or upstream party’s) primary insurance and the subcontractor’s (or downstream party’s) excess insurance, particularly when the general contractor… Continue reading Priority of Liability Insurance Coverage and Horizontal and Vertical Exhaustion
Tag: Additional Insured
Insurer Entitled to Reimbursement of Defense Costs Under Unjust Enrichment Theory
Tred R. Eyerly | Insurance Law Hawaii The federal district court for the district of Hawaii determined that the insurer could recover defense costs from an additional insured consistent with its Reservation of Rights letter under an unjust enrichment theory. Giga, Inc. v. Kiewit Infrastructure W. Co., 2020 U.S. Dist. LEXIS 10151 (D. Haw.… Continue reading Insurer Entitled to Reimbursement of Defense Costs Under Unjust Enrichment Theory
To Be Or Not To Be An Additional Insured?
Smith Gambrell & Russell It is the question many in the industry have asked in light of the 2018 New York Court of Appeals decision in the Gilbane case. (Gilbane Bldg. Co./TDX Constr. Corp., et al. v. St. Paul Fire & Marine Ins. Co., et al., 31 N.Y. 3d 131 (2018)). In Gilbane the court held that a party was… Continue reading To Be Or Not To Be An Additional Insured?
California Appellate Court Confirms: Additional Insureds Are First-Class Citizens
Scott Thomas | Payne & Fears Many businesses shift risk by requiring others with whom they do business – e.g., vendors, subcontractors, suppliers, and others – to procure insurance on their behalf by making the business an “additional insured” under the other person’s liability insurance policy. Unfortunately, insurance companies sometimes treat these additional insureds as… Continue reading California Appellate Court Confirms: Additional Insureds Are First-Class Citizens
California Appellate Court Holds Additional Insured Is Contractually Required to Arbitrate Coverage Dispute
Robert Dennison | Traub Lieberman Straus & Shrewsberry In Philadelphia Indemnity Insurance Company v. SMG Holdings, Inc., the Third Appellate District Court of Appeal in Sacramento, California held that an additional insured was bound by an arbitration clause in the general liability insurance policy as to a coverage dispute between it and the insurance carrier.… Continue reading California Appellate Court Holds Additional Insured Is Contractually Required to Arbitrate Coverage Dispute