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- Title
INSURANCE COVERAGE for Construction Defect Claims MADE SIMPLE.
- Authors
Stoakes, MaKenna; Ewell, John
- Abstract
3d 991, 994 (C.D. Cal. 2017) (reviewing coverageunder endorsement requiring (1) a written indemnityagreement from the subcontractor, (2) certificates fromthe subcontractor showing that the insured is anadditional insured on the subcontractor's policy, and (3)records evidencing the insured's compliance with theendorsement). Where acertificate of insurance does not identify the liabilityinsurer, sometimes a call to the insurance broker listedon the certificate of insurance will aid in identifyingthe liability insurer or subsequent insurer. Under the latterendorsements, the additional insured is entitled to fullindemnification from the subcontractor's insurer wherethe named insured (the lower-tier subcontractor) has atleast 1% of the fault.55 Conversely, where the namedinsured is not negligent, additional insured coverage isnot owed.56 For example, assume a general contractorrequires its subcontractor to procure additional insuredcoverage, and the general contractor has 95% of the faultand its subcontractor has 5%.
- Subjects
INSURANCE; MANUFACTURING defects; INSURED losses; CONTRACTS; BUSINESS insurance; LEGAL liability; INSURANCE policies
- Publication
Brief, 2023, Vol 52, Issue 3, p56
- ISSN
0273-0995
- Publication type
Article