Author Archive | John Sadler

Can One Insured Sue Another Insured under General Liability?

A common contractual requirement for a contractor is to remove the cross-liability exclusion under a General Liability policy. This exclusion deals with whether or not one insured can sue another insured. Under older versions of ISO policy forms, such a request made perfect sense. However, under the more modern ISO policy forms, there is no […]

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General Liability Increase Expected For Construction Firms

A report by Marsh states that the U.S. construction industry should expect rate increases of up to 15% in the commercial General Liability market, due to years of soft market conditions. “This comes against the backdrop of medical cost inflation and changes to some state statutes that have extended coverage beyond the insurer’s originally intended […]

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Contractors Pollution Liability Becoming More Popular

The Environmental Protection Agency’s Renovation, Repair and Painting Rule has increased the demand for Contractors Pollution Liability coverage. This RRP Rule addresses lead safe practices on homes, schools, and childcare facilities that were built, or worked on prior to 1978. The federal law, since 2010, requires renovation companies to be certified and trained in lead-safe […]

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Does a Homeowners Policy Cover Injured Contractors or Domestic Employees?

Homeowners will sometimes hire a person to do work at their home, such as housekeeping, painting, landscaping, etc. If the employee or independent contractor hired, whether full-time, part-time, or one-time basis, is injured, or injures another person, coverage could be provided under Homeowners Liability or Workers’ Compensation depending on the availability of each policy and […]

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General Liability Problems When Contractors Perform Own Repairs

When our contractor clients turn in General Liability claims for covered property damage arising from past work, they often want to perform their own repairs on behalf of their insurance carrier because they are already familiar with the job and believe they can do the work for a lower cost. However, their Contractor General Liability […]

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Do Homeowners Building Own Home Need Workers’ Compensation?

According to a panel of experts of Independent Insurance Agents & Brokers Association, the answer is that it depends on a number of factors. Some states exempt homeowners building their own home from the requirement to carry Workers Compensation by statute, case law, or regulatory ruling. You may want to visit www.workerscompensation.com for a summary of such […]

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SC Supreme Court Reverses Crossmann and Tackles Progressive Property Damage Under Successive Carriers

Prior blogs explained the SC Supreme Court’s terrible decision in Crossmann and the resulting involvement of the SC Legislature in enacting a statute to overturn this decision. Now, the SC Supreme Court has come to its senses and has rendered a new decision effective August 22, 2011 overturning its prior opinion. Therefore, the Newman vs. Auto Owners case […]

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Bill Introduced By SC Lawmakers To Counter Crossmann And Force General Liability Policies To Cover Construction Defects

Crossmann Is Bad Decision For SC Contractors The recent Crossmann decision by the SC Supreme Ct. is a bad decision that distorts the intent of the drafters of the General Liability policy and creates a fiction that all contractors intend or expect the property damage that arises from their faulty construction. Please see my prior blog for more details […]

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