Construction Contract Controls Over "Other Insurance" Clause in Policy

0
12K

Insurer Must Defend and Indemnify Insured Because of Indemnity Agreement in Construction Contract

Read the full article at https://www.linkedin.com/pulse/construction-contract-controls-over-other-insurance-zalma-esq-cfe and at https://zalma.com/blog plus more than 3900 posts. 

The Metropolitan Transit Authority and Long Island Railroad (collectively, “LIRR”), and Admiral Insurance Company (“Admiral”), appeal from the March 3, 2020 judgment of the United States District Court for the Southern District of New York (Furman, J.), granting declaratory judgment in favor of Century Surety Company (“Century Surety”) based upon its January 29, 2019 Memorandum Opinion and Order. In Century Surety Company v. Metropolitan Transit Authority, Long Island Railroad, Admiral Insurance Company, Rukh Enterprises, Inc., Marcelo DeJesus, No. 20-1474-cv, United States Court of Appeals, Second Circuit (October 5, 2021) the insurer’s claim that it was excess ignored the indemnity agreement signed by its insured.

ZALMA OPINION

Other insurance clauses are important contractual terms to allow multiple insurers to decide which insurer is obligated to defend and indemnify the insured and in what order. In this case Century Surety claimed that its “other insurance” clause controlled making it excess to all other insurers while the other insurers, and the Second Circuit, found that the construction contracts’ indemnity agreement controlled before the other insurance clauses came into effect. In the Second Circuit it is important to have insurance and indemnity agreements in every construction contract to control the risk transfer.

Patrocinados

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

Buscar
Categorías
Read More
Politically Incorrect
Leaked Google BRAIN plan to take over Government
Leaked Google BRAIN plan to take over Government1.) Get humans use to living with AI in their...
By Rock IXOYE 2020-01-17 19:56:37 0 6K
Religion
THIS IS COMING TRUE
https://www.youtube.com/watch?v=P5N_G-PD2J0&feature=youtu.be
By Nibbie Chase 2020-05-21 14:14:55 0 3K
Other
Mold Exclusion Applies
MOLD EXCLUSION APPLIES Read the full article at https://lnkd.in/geYYJEfU and see the full video...
By Barry Zalma 2023-04-27 12:52:58 0 3K
Other
Failure to Pay Premium Finance Can be Very Expensive
Cancellation Triggered Audit Which Cost Insured Much Additional Premium Read the full article at...
By Barry Zalma 2021-05-17 13:18:26 0 5K