Construction Contract Controls Over "Other Insurance" Clause in Policy

0
11Кб

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.

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
The Crime-Fraud Exception
The Crime-Fraud ExceptionRead the full article at https://lnkd.in/g6h65NZ and see the full video...
От Barry Zalma 2020-10-21 13:22:00 0 3Кб
Politically Incorrect
Karen Season
See archived story here...   Damn, I wish I were so oppressed that people could be fined...
От Scathing Take 2020-07-12 22:11:53 0 5Кб
Другое
Insurance Litigants Should Never Play Games With Discovery
Insurance Litigants Should Never Play Games With Discovery Litigants Must Meet &...
От Barry Zalma 2024-09-11 12:54:24 0 912
Religion
How to Burn Incense Sticks - Simple Guide
If you've never burned incense before, this article will help you learn how to do it. First of...
От Courtney Hennig 2021-11-26 18:16:04 0 6Кб
Другое
No Contract Without Offer & Acceptance
Assuming that Coverage Exists Does not Make a Contract   Read the full article at...
От Barry Zalma 2022-08-19 12:53:56 0 3Кб