National Insurance Law Forum

National Insurance Law Forum

Published By The Attorneys of the National Insurance Law Forum

Tag Archives: additional insured

Notice of Disclaimer Sent Only to Additional Insured’s Carrier Ineffective under NY Statute Requiring Timely Disclaimer to Insured

Posted in Additional Insured
New York’s Appellate Division, Second Department, holds that a disclaimer or denial of coverage sent to an additional insured’s carrier, which was not an agent for receiving such notice, was ineffective to disclaim coverage under N.Y. Ins. Law Section 3420(d). In Harco Construction, LLC v. First Mercury Insurance Company, Harco had entered into a construction… Continue Reading

Criminal Acts Exclusion and Joint Obligations Clauses Bar Coverage for Claims Arising from Insured’s Criminal Act

Posted in Personal and Advertising Injury, Property Insurance, Recent Cases
Criminal Acts Exclusion and Joint Obligations Clauses Bar Coverage for Claims Arising from Insured’s Criminal Act In Allstate Insurance Company v. Morgan, 123 F. Supp. 3d 1266 (D. Or. 2015), the District of Oregon held an insurer was not obligated to defend their insured’s son against tort claims arising out of the son’s assault on… Continue Reading

Unsigned Purchase Order Deemed Written Contract under AI Endorsement

Posted in Additional Insured, Liability Coverage
The written contract requirement in an additional insured endorsement does not require that the contract be signed unless the endorsement so provides, holds New York’s Appellate Division, First Department in Zurich American Insurance Company v. Endurance American Specialty Insurance Company. The endorsement provided that additional insureds included “[a]ny entity required by written contract … to… Continue Reading

Additional Insured Status

Posted in Additional Insured, Duty to Defend, Recent Cases
In Homeland Insurance Company of New York v. AAM, Inc., 2016 U.S. Dist. LEXIS 633033 (D. Or. May 13, 2016), the District Court for the District of Oregon held that a construction subcontract and accompanying additional insured endorsements were partially enforceable for purposes of the insurer’s duty to defend, despite the subcontract’s noncompliance with Oregon’s… Continue Reading

Upcoming ALI CLE

Posted in News
Please join me for an upcoming American Law Institute CLE (ALI CLE) program–Additional Insured Coverage: Avoid Liability and Indemnification Pitfalls. The program is broadcasting live on April 20, 2016 from 1:00 — 2:30 p.m. ET, as a webcast and telephone seminar. ALI CLE is extending a 50% discount to referrals registering for this course. Please contact… Continue Reading

Third Circuit: “Caused, In Whole Or In Part, By” Wording in AI Endorsements Requires Only But-For Causation

Posted in Liability Coverage, Recent Cases
A recent decision from the Third Circuit highlights the continuing struggle that courts have had in understanding and applying the “caused, in whole or in part, by” wording found in many additional insured endorsements.  In Ramara, Inc. v. Westfield Ins. Co., 2016 U.S. App. LEXIS 2656 (3d Cir. Feb. 17, 2016), the court addressed whether a parking garage owner was… Continue Reading

West Hills Development Company v. Chartis Claims, Inc., et al., 273 Or App 155 (2015)

Posted in Duty to Defend
In the recent case West Hills Development Company v. Chartis Claims, Inc., et al., 273 Or App 155 (2015) (“West Hills”), the Oregon Court of Appeals provided further guidance to Oregon insurers on their handling of tenders of defense from parties who contend that they are additional insureds. In particular, the court addressed the scope… Continue Reading

Additional Insured Status under Excess and Umbrella Policies

Posted in Excess and Umbrella Insurance
Blanket additional insured endorsements often require examination of a contract between the named insured and the purported additional insured, as many of these endorsements provide insured status contingent on the named insured being required by contract to add the person or entity as an additional insured to an insurance policy.  As shown by a recent… Continue Reading

Additional Insured Status And Contractual Indemnity Provisions: Are You Really Covered?

Posted in Liability Coverage
“Additional insured” provisions are one of the most prevalent risk shifting techniques used in the insurance field today. Yet surprisingly, they remain one of the least understood for insurers, courts, and insureds. While debate in Oregon case law over the legal status of additional insured provisions has quieted down since the Oregon Supreme Court’s decision… Continue Reading

Ongoing Debate Over The Ongoing Operations Limitation On Additional Insured Coverage

Posted in Liability Coverage
In the context of “additional insured” coverage, the question of whether a tendering party qualifies as an insured is often complicated by restrictions in additional insured endorsements that limit who qualifies for “additional insured” status.  Of these restrictions, one of the most debated is the “ongoing operations” limitation, commonly stated as follows:  “Such person or… Continue Reading

The District Court For The Western District Of Washington Finds A Certificate Of Insurance Does Not Satisfy The Written Contract Or Agreement Requirement Of A CGL Policy’s Additional Insured Provision

Posted in Recent Cases
In Ohio Cas. Ins. Co. v. Chugach Support Servs., 2011 U.S. Dist. LEXIS 115759 (W.D. Wash. Oct. 6, 2011), the District Court for the Western District of Washington, applying Washington law, found that an insurance certificate only evidences the existence of a policy, and, as a matter of law, it cannot satisfy the written contract… Continue Reading

Blanket AI Endorsement Triggered by Language Requiring Insurance for “Mutual Benefit” of Parties

Posted in Liability Coverage
In Kassis v. The Ohio Casualty Company, 2009 NY Slip Op 05207 (June 25, 2009), the New York Court of Appeals considered whether a provision in a lease agreement requiring insurance for the “mutual benefit” of landlord and tenant was sufficient to trigger coverage under the terms of a blanket additional insured endorsement extending coverage… Continue Reading

No Contribution For Defense Of Additional Insured

Posted in Liability Coverage
The duty to defend, in the context of a contribution lawsuit between insurers, and the right to pursue appeal after an unfavorable summary adjudication ruling, were the subjects of a decision from California’s Court of Appeal, Second Appellate District (Los Angeles). In Monticello Insurance Company v. Essex Insurance Company (2008) __ Cal.App.4th __ (2008 WL… Continue Reading

Additional Insured Coverage Limited to Vicarious Liability

Posted in Liability Coverage
On certified questions from the Eleventh Circuit, the Florida Supreme Court holds in Garcia v. Federal Ins. Co. (Oct. 25, 2007), that additional insured provisions in a homeowner’s policy extending coverage to “any other person or organization with respect to liability because of acts or omissions” of the named insured limits coverage to instances of… Continue Reading