Louis Adolfsen | Melito & Adolfsen | August 22, 2019 Anyone who hires someone to do construction should ask the contractor to name them as an additional insured on the contractor’s policy. The contractor may agree to provide the coverage but then may fail to follow the rules in the policy for providing additional insured… Continue reading You May Think You Are Insured as an Additional Insured But You May Find You Are Not Covered
Tag: Additional Insured
A Second Level of Protection to Indemnitees
Thomas L. Oliver III | Bradley Arant Boulg Cummings | July 31, 2019 Construction and Procurement Law News, Q2 2019 It is not uncommon for indemnitees to attempt to add language to indemnification provisions providing additional liability protections from the indemnitor. And courts and legislators are wary of language in indemnity agreements that create obligations… Continue reading A Second Level of Protection to Indemnitees
Ruling Closes the Loop on Restrictive Additional Insured Endorsement – Reasonable Expectations of Insured Builder Prevails Over Intent of Insurer
Theodore L. Senet, Esq., Jason M. Adams, Esq., and Clayton Calvin | GibbsGiden | July 1, 2019 On June 5, 2019, the Court of Appeal in McMillin Homes Construction, Inc. v. National Fire & Marine Insurance Company, 35 Cal. App. 5th 1042 (Cal. Ct. App. 2019) issued an important opinion on the scope of additional insured insurance… Continue reading Ruling Closes the Loop on Restrictive Additional Insured Endorsement – Reasonable Expectations of Insured Builder Prevails Over Intent of Insurer
Court of Appeals Finds Additional Insured Coverage Despite “Care, Custody or Control” Exclusion
Garret Murai | California Construction Law Blog | July 30, 2019 When things go wrong on a construction project it’s often a scramble of finger pointing. In McMillin Homes Construction, Inc. v. National Fire & Marine Insurance Company, Case No. D074219 (June 5, 2019), the California Court of Appeals for the 4th District considered whether an additional insured… Continue reading Court of Appeals Finds Additional Insured Coverage Despite “Care, Custody or Control” Exclusion
Care, Custody or Control Exclusion Requires Complete and Exclusive Control by Insured Claiming Coverage
Christopher Kendrick and Valerie Moore | Haight Brown & Bonesteel | June 11, 2019 In McMillin Homes Construction v. Natl. Fire & Marine Ins. Co. (No. D074219, filed 6/5/19) a California appeals court held that a “care, custody or control” exclusion did not bar coverage for defense of a general contractor as an additional insured under a… Continue reading Care, Custody or Control Exclusion Requires Complete and Exclusive Control by Insured Claiming Coverage