Posted In: Insurance Recovery
Additional Insured Coverage When Your Subcontractor's Employee Is Injured
on April 17, 2018
In the construction industry, higher-tier contractors (such as general contractors) frequently require their subcontractors to name them as additional insureds on the subcontractor's liability insurance policies. When an employee of the subcontractor is injured on the job, the employee may bring a claim against the general contractor for failure to supervise the worksite or similar claims. Whether the employee's bodily injury claim against the general contractor is covered by the subcontractor's general liability policy will be predicated in large part on the specific form of the Employers Liability Exclusion found in the subcontractor's policy. Additional insureds usually argue that such an exclusion applies only to bar coverage for the actual employer of the injured employee (i.e. the named insured-subcontractor), particularly where the policy contains a separation of insureds provision. Insurers, however, contend that the exclusion should preclude coverage for all insureds (including the additional insureds)....
Insurance Coverage for Emerging Environmental and Energy Risks
on February 5, 2016
Ohio's alternative energy industries are booming. Fracking and offshore wind turbine technologies are some of the most exciting new fields developing right here in Ohio. Businesses involved in these energy projects face traditional and new risks associated with an alternative energy enterprise. Policyholders and their brokers must have an expansive understanding of these risks and the types of insurance available to meet these risks....
Buyer Beware: Insurance Coverage for Successor Entities After Closing
on June 15, 2015
In the frenzy of many corporate merger and acquisition negotiations, the concept of insurance coverage for pre-closing losses is often a topic that receives little attention. However, parties to a transaction are well-advised to pay particular attention not only to who will bear responsibility for pre-closing losses, but also to whether those losses can be addressed in the deal in such a way as to preserve insurance coverage for them. The Ohio Supreme Court provided some guidance on this issue in Pilkington North America v. Travelers Cas. & Sur. Co., 112 Ohio St.3d 482, 2006-Ohio-6551, 861 N.E. 2d 121 (Ohio 2006). Though the Court's decision in Pilkington was issued nearly a decade ago, it is worth repeating – with careful planning, parties to a transaction often can (and should) structure their deal to maximize the potential for insurance coverage....
Posted In: Insurance Recovery and Real Estate
Is Defective Construction Covered by Your Insurance Policy?
on January 5, 2015
General liability policies are routinely purchased by developers, construction managers, and subcontractors to protect themselves from third-party claims for bodily injury or property damage arising from their work at a construction site....
Recovering Your Attorneys' Fees in an Insurance Recovery Action Is Easier Than You Might Think
By Amanda M. Leffler on June 27, 2014
A denial of insurance coverage has immediate and sometimes severe consequences for a policyholder. A wrongful denial by the insurer leaves the policyholder to fend for itself, requiring the policyholder to cover the costs of loss, as well as any attorneys' fees associated with defending actions brought against the policyholder by third parties. Adding insult to injury, the policyholder then must incur attorneys' fees and costs in prosecuting a coverage action against its insurer in order to obtain the insurance coverage for which it paid. The total costs of loss when an insurer wrongfully denies coverage can place substantial financial strain upon a policyholder....
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