Policyholder Protection
News, analysis and commentary on insurance recovery issues facing corporate policyholders and insureds.
In a prior post, we highlighted a decision from the Indiana Supreme Court’s applying the so-called “acceptance rule,” which shields contractors from liability to third parties after the work is completed and the owner has accepted the work. In U.S. Automatic Sprinkler Corp. v. Erie Ins. Exch. a majority of the Indiana Supreme Court refused to adopt an exception to the acceptance rule for reasonabl...
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For “additional insured” coverage to accomplish the desired risk transfer, the primary and any excess or umbrella policies should state their coverage is primary and non-contributory with any other insurance available to the additional insured. A recent ruling in state court in Michigan reinforces this notion. A construction contractor entered into a contract requiring it to make its customer an ...
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