Failure to Read Certificate of Insurance & No Indemnity Contract Defeats Claim

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Lawyers will tell you that seeking a summary judgment by a writ to an appellate court will usually result in a post card refusing to issue a writ. They keep trying, and are surprised when the writ succeeds.

ACE sought a writ of mandate refusing summary judgment against Castleman. Castleman sought coverage as an additional insured under a policy issued by ACE to Sunbelt Rentals. In Ioannis Maroulis v. Entergy Louisiana, LLC, et al, Court Of Appeal State Of Louisiana  considered the writ request.

ZALMA OPINION

Castleman relied on a Certificate of Insurance that only advised that the insured, Sunbelt, had insurance. Neither the Certificate nor the actual policy issued by ACE named Castleman as an additional insured and there was no contract between Castleman and Sunbelt promising to indemnify Castleman or name it as an additional insured. The lesson, read the whole Certificate of Insurance and never allow a subcontractor on a job without an additional insured endorsement or a contract promising to indemnify the insured.