Construction Contract Controls Over "Other Insurance" Clause in Policy

0
11K

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.

Patrocinado

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

Pesquisar
Categorias
Leia Mais
Outro
Waiver & Estoppel in Insurance
A Video Explaining the Doctrines of Waiver & Estoppel with Regard to Insurers Read the full...
Por Barry Zalma 2021-08-19 12:53:57 0 3K
Outro
Appeal Dismissed Even With Fraud Allegation
Appeal Dismissed Even With Fraud Allegation Appeal Lost Due to Failure to Provide an...
Por Barry Zalma 2024-05-30 13:02:50 0 1K
Outro
The Collector
True Crime Stories of Insurance Fraud Number 31 Read the full article with links at...
Por Barry Zalma 2022-03-08 14:18:35 0 3K
Politically Incorrect
Windy City Maelstrom
Read the story here... When I was a just a little baby Scathing growing up in the cesspit...
Por Scathing Take 2020-08-17 18:38:27 0 5K
Outro
Ninth Circuit Confirm State's Right to rewrite an Insurance Policy
California Statute Prohibits Insurer from Defending a Unfair Competition and False Advertising...
Por Barry Zalma 2021-04-23 12:32:01 0 3K