Additional Insureds and Contractual Liability

Insurance & Indemnity Law Journal, Vol. 8, No. 2, April 2015

3 Pages Posted: 3 May 2015

Date Written: April 20, 2015

Abstract

This article covers the relationship between the general contractor and subcontractor in the context of an Additional Insured Endorsement on behalf of the general contactor under the subcontractors policy. Coverage depends on the language in the subcontractor's policy conferring additional insured status.

Under ISO forms, fault is material to coverage for the general contractor as an additional insured. The operative language affording coverage to the additional insured provides in pertinent part, "but only with respect to liability for bodily injury, property damage or personal and advertising injury caused in whole or in part, by your acts or omissions or acts or omissions of those acting on your behalf."

This article also covers the duty to defend in Michigan, Illinois and Texas together with statutes prohibiting indemnification in a construction contract for sole negligence as against public policy as void and unenforceable. Massachusetts, Ohio and Indiana statutes are set out covering sole negligence.

This article should be read in conjunction with the Additional Insured Endorsement Part I, Construction Defect Claims Part I, II & III and Contractual Liability and the Insured Contract in my Scholarly Papers listed herein.

Keywords: Additional Insured, Blanket Additional Insured Endorsement, Sole Neligence, Contractual Liability, Duty To Defend

Suggested Citation

Johnson, James A., Additional Insureds and Contractual Liability (April 20, 2015). Insurance & Indemnity Law Journal, Vol. 8, No. 2, April 2015. Available at SSRN: https://ssrn.com/abstract=2601525

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