Risk Transfer by Contract Requiring Additional Insured

0
3Кб

Additional Insured Endorsements Effectively Transferred the Risk of Bodily Injury to The Sub-Contractor’s Insurer

Read the full article at https://lnkd.in/gGaBpsx and at https://zalma.com/blog plus more than 3600 posts.

Starr Indemnity (“Starr”) sued seeking a declaratory judgment that Defendant Excelsior is obligated to indemnify parties to an underlying personal injury lawsuit (the “Underlying Action”). In Starr v. Excelsior, 19 Civ. 3747 (KPF), United States District Court Southern District Of New York (February 1, 2021) the USDC resolved the dispute applying the contracts as written

ZALMA OPINION

Construction contracts usually contain risk transfer devices like requiring all subcontractors to make the general contractor and the owner additional insureds on a CGL policy as well as requiring indemnification by the construction contract. When the risk is transferred the entire risk is moved to the sub-contractor or its insurer. In this case the two insurers protected the insured and settled the underlying action and applying their joint arguments and then filed a declaratory relief action to determine who owed what to whom.

Спонсоры

We are 100% funded for October.

Thanks to everyone who helped out. 🥰

Xephula monthly operating expenses for 2024 - Server: $143/month - Backup Software: $6/month - Object Storage: $6/month - SMTP Service: $10/month - Stripe Processing Fees: ~$10/month - Total: $175/month

Xephula Funding Meter

Please Donate Here

Поиск
Категории
Больше
Другое
Protective Safeguards Condition Defeats Claim
Fraudulent Statements in Application Voids Coverage & Exclusion Applies Read the full article...
От Barry Zalma 2020-12-21 13:28:28 0 4Кб
Politics
Isn't this election the old game of "Who Do You Trust"? Who will allow you choice?
If you want choice in your life,i.e., basic constitutionally guaranteed liberty, does it matter...
От Scarecrow III 2020-10-28 12:27:08 0 4Кб
Другое
A Video of a True Crime Story of Insurance Fraud "Help, my House is Falling Into the Sea"
Even Honest People are Tempted To Commit Insurance Fraud Read the full article at...
От Barry Zalma 2021-04-21 12:53:57 0 6Кб
Другое
Insurer Has the Ribht to Oppose Plan that Exposes it to Potntial Fraud
Insurer Has the Right to Oppose Plan that Exposes it to Potential Fraud SCOTUS Unanimously...
От Barry Zalma 2024-06-11 13:18:56 0 2Кб