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McCarter & English on Panel Finds for Additional Insured Under Ongoing-Operations Clause: Tri-Star Theme Builders, Inc., et al. v. OneBeacon Ins. Co.

By Brian J. Osias and Michael C. Smith, McCarter & English, LLP Courts have struggled with the conflicting expectations of additional insureds and their insurers under the ongoing operations clauses frequently found in comprehensive general liability policies. In a recent decision with potentially...

When an Additional Insured Is the Party Seeking Coverage, Courts Must Resolve Ambiguities in a Manner Consistent With the Objectively Reasonable Expectations of the Additional Insured

Transport Ins. Co. v. Superior Court , 222 Cal. App. 4th 1216 (2014), [ enhanced version available to lexis.com subscribers ]. In Transport Insurance Co. , the California Court of Appeal held that because the additional insured was the party seeking coverage, ambiguities found in the insurance policy...