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Articles

Consider Self-Help to Trigger Additional-Insured Status

Law360

  • Published On: July 12, 2023

General liability insurance that will defend claims made against contractors and owners on a construction project is critical for good risk management.

Among other things, owners and general contractors seek to reduce their risk by requiring subcontractors to name them as additional insureds to the subcontractor's liability policy.

Later, getting that additional-insured coverage can be difficult if the underlying plaintiff does not name the subcontractor as a defendant in their lawsuit, a common scenario after a job site injury.

In that situation, owners and contractors can use self-help by filing a third-party claim for indemnification against the subcontractor, triggering coverage from the subcontractor's insurance by asserting that the employee's injuries resulted from the subcontractor's fault or the injured employee's own negligence.

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