Insurance Coverage

insurance

Can an Intervening Insurance Company Sue for Breach of Contract?

Date: January 10th, 2013 by Michelle L. Wiederhold 1 Comment

A recent case questioned the legal basis for an intervening insurance company, on behalf of its suspended developer insured, to directly sue subcontractors for various causes of action including: indemnity, breach of warranty, declaratory relief, negligence, and most notably breach of contract for failure to obtain additional insured endorsements and duty to defend. In the case, the insurance company is … Read More

court

Court of Appeals Weighs in on Contribution Actions Between Insurance Carriers in Construction Defect Actions

Date: November 28th, 2012 by Paul T. McBride No Comments

A recent insurance law decision by the California Court of Appeals, St. Paul Mercury Insurance v. Mountain West Farm Bureau Mutual Insurance, (2012) 210 Cal.App.4th 645, clarifies the role and obligations of insurance carriers for subcontractors involved in construction defect litigation. This decision potentially sounds a very ominous note for both subcontractors and their carriers as it makes clear … Read More

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Additional Insured Coverage for Construction Clients

Date: November 29th, 2011 by J. Christopher Bennington 2 Comments

In an effort to spread the cost of construction defect litigation, many carriers for general contractors and subcontractors have begun requiring their named insureds to obtain “additional insured” coverage from the named insureds’ subcontractors. For example, the policy issued to a general contractor may demand that the general require his or her electrician, plumber and other subcontractors to have the … Read More

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Construction Contracts: You Win or Lose Before You Tee Off: The Importance of Construction Contract Review and Negotiation

Date: October 27th, 2011 by Kyle D. Kring 1 Comment

I was very fortunate to get to play golf regularly with my dad and Uncle Dean and their foursome. Every Saturday morning was the same, standing on the first tee in the dark and fog at 6 a.m., and a lot of loud “negotiating” back and forth on the numerous bets that would be placed and how many strokes each … Read More