Liability insurance is nothing more than a current contract. It seems that I am the only person who actually reads insurance policies that I have acquired to defend or compensate me.
Construction contract is master of risk transfer. The owner demands that all contractors and subcontractors harm him or her and to name the owner as further insured in their liability policy. The main contractor does the same with each subcontractor. Unfortunately, unless the owner and main contractor have effective risk managers, they often rely on insurance certificates and do not read the entire insurance policy as any prudent person should before relying on the person who promises to make the owner and the public further insured.  I Bellet Construction Co. Inc. v. Tudor Insurance Co., et al 2020 NY Slip Op 33372 (U), INDEX NO. 654347/2018, Supreme Court of the State of New York New York County Part I in Case 38EFM (13 October 2020) The Tudor Insurance Company (“Tudor”) dismissed the complaint against it, claiming that it had no obligation to defend and injure the tort Bellet Construction Company, Inc. (“Bellet”) in an underlying personal injury claim because Bellet was not a named insurance or further insured under the policy issued by Tudor to its insured, non-party LSQ Contracting Corp. ("LSQ"
Bellet, a general contractor specializing in exterior construction, entered into a contract with 321 West 78 Street Corp. ("Owner"), the owner of a building at 321 West 78 th Street, New York, New York ("the building"), to act as the main contractor for a construction project involving, among other things, exterior work on the building. and pointing work on the project ("Bellet LSQ subcontractor") According to the Bellet LSQ subcontractor, LSQ agreed to defend, damage and hold Bellet harmless against all liability, including bodily injury resulting from LSQ's work on the project. LSQ also agreed to procure general liability insurance under the name Bellet as additional insurance on a primary and non-contributory basis.
Tudor issued a commercial general liability insurance to LSQ with a limit of $ 1 million r per event. Bellet claims that there is another insurance under this Tudor insurance.
After the start of the work, Margarito Hernandez was injured when he allegedly suffered falling debris during the project and died of his injuries. Hernandez's property sued Bellet, the owner, LSQ and others. In that measure, Bellet filed cross-cases against LSQ, which claimed common law and contractual tort law.
Later, Bellet sued to try to explain that Tudor was obligated to defend and indemnify Bellet in connection with the underlying action. In relation to Tudor, Bellet claimed that it is entitled to an explanatory sentence and that Tudor is responsible for breach of contract. Attached to the complaint, Bellet submitted an insurance certificate dated 21 February 2013, which showed that LSQ was issued Tudor's insurance number NPP8061093 and that Bellet was listed on the insurance as further insured.
When Tudor moved to termination, Tudor claimed that at the time of the accident, LSQ was the insured under the Tudor insurance and that the insurance did not include any additional insurance. and Bellet was not named insured, nor did he qualify as insured under insurance.
On a motion to dismiss, the allegations of submission are interpreted liberally, accepted as true and granted the benefit of all favorable conclusions and a request for dismissal based on evidence is granted only in an appropriate manner if the documentation completely disproves the plaintiff's facts and finally establishes a defense by law.
In a dispute over insurance cover, the party applying for insurance has covered the burden of proof. A party who is not appointed as insured or supplementary insured before the insurance is not entitled to coverage. Whether a party is named or further insured is determined by the parties' intent expressed in the language of the policy. When a third party seeks the benefit of insurance cover, the insurance terms must clearly prove the intention to provide such coverage.
Tudor submitted his insurance along with a letter from Rosemary D & # 39; Aco, Vice President of Warranty and Marketing, certifying that this was the policy issued to LSQ.
After reading the entire insurance, the court ruled that the insurance clearly does not mention Bellet as insured. There is no additional insurance. In addition, Bellet does not qualify as insured under "Section II – Who is Insured." Bellet is not stated in the declarations and therefore does not qualify as insured according to the insurance provision. The political wording, as documentation, confirms Tudor's defense.
The fourth and fifth grounds of action and the part of the sixth action against defendant Tudor are inadmissible, and Tudor is entitled to a declaration that it is not obliged to defend or indemnify Bellet in the underlying action as further insured under the Tudor the insurance and Tudor Insurance Company have no obligation to defend or indemnify the tortfeasor Bellet Construction Co., Inc. in the underlying action.
RTFP (Read Full Policy)) is a rule that must be followed by every person seeking insurance, especially when applying for additional insurance from another person's insurance. The insurance certificates are limited to the date of issue and are an opinion from a broker, not an insurer. The cautious person seeking additional insurance status must insist on seeing and reading the entire insurance policy. Had Bellet done so, it would have been obvious to its risk managers that LSQ's policy with Tudor did not provide Bellet with any coverage. Bellet has no one to blame but himself. Provided the coverage exists is useless.
© 2020 – Barry Zalma
Barry Zalma, Esq., CFE, now limits his practice to employment as an insurance consultant specializing in insurance coverage, insurance management, bad faith and insurance fraudsters almost equally for insurers and insurers. He also acts as an arbitrator or mediator for insurance-related disputes. He practiced law in California for more than 44 years as an insurance coverage and claims lawyer and more than 52 years in the insurance industry. He is available at http://www.zalma.com and firstname.lastname@example.org.
Mr. Zalma is the first recipient of the first annual Claims Magazine / ACE Legend Award.
For the past 52 years, Barry Zalma has devoted his life to insurance, insurance claims and the need to defeat insurance fraud. He has created the following library of books and other materials to enable insurance companies and their claims staff to become insurance claims personnel.
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