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Building on an earlier decision in which the Ohio Supreme Court had determined that the Ohio contractor’s self-insurance plan [see Ohio Rev. Code Ann. § 4123.35(O)] provided immunity not only to the self-insuring general contractor, but also...

Construing Oklahoma law, the Tenth Circuit Court of Appeals reversed a federal district court’s dismissal of a negligence action filed against the sole stockholder of a worker’s employer, finding the district court failed to consider the stockholder's...

By James R. Harvey , Partner, Vandeventer Black LLP Shifting the significant risk of loss is a basic part of construction contracting. Contractors are familiar with requirements to provide proof of insurance and to name the owner, architect and general...

If you do construction defect coverage work, then you’ve definitely seen an endorsement, on a general liability policy, that is along the lines of this (but with more detail): If liability arises out of the insured’s use of a sub-contractor...

By Jill Berkeley , Partner, Neal, Gerber & Eisenberg LLP On March 21, 2014, Jill B. Berkeley presented at the American College of Coverage and Extracontractual Counsel's (ACCEC) 2014 Insurance Law Symposium, held on the campus of the University...

Ordinarily I would not include in the annual insurance hit-parade a case addressing the beat-to-death issue whether faulty workmanship qualifies as an “occurrence” under a commercial general liability policy. There are simply too many cases...

Insurers have been taking various steps to attempt to limit their exposure for bodily injury claims on construction sites (not to mention for property damage). One way has been to amend the employer’s liability exclusion to preclude coverage for...

California’s Second Appellate District has affirmed a summary ruling that a Commercial General Liability insurer did not have a duty to defend a subcontractor who supplied faulty “seismic tie hooks” that were encased in concrete shear...

Authored by attorney Mike Sterling In W.J. Schafer Associates, Inc. v. Cordant, Inc. , 493 S.E. 2d 514 (Va. 1997) [ version available to lexis.com subscribers ], the court held a teaming agreement was unenforceable on the ground that “agreements...

My law partner Mike Sterling forwarded this summary of a recent qui tam movant's motion to compel contractors to produce documents relating to their codes of business conduct investigations. It's an important issue for any government contractor...

Citing Garcia v. Pittsylvania County Service Authority , 845 F.2d 465 (4th Cir. 1988), the Fourth Circuit Court of Appeals affirmed a federal district court’s dismissal, on exclusive remedy grounds, of a negligence action filed by a North Carolina...

Noting that a federal court sitting in diversity must apply the choice-of-law rules of the state in which it sits—here that of Mississippi—a federal district court held that an injured employee of a subcontractor could not sue the general...

Where a subcontractor’s worker sustained serious injuries when he attempted to use a grinder—owned by the project’s contactor and which did not have a required safety guard—and where there was a conflict in the evidence as to whether...

CALIFORNIA COMPENSATION CASES Vol. 82 No. 6 June 2017 A Report of En Banc and Significant Panel Decisions of the WCAB and Selected Court Opinions of Related Interest, With a Digest of WCAB Decisions Denied Judicial Review CONTENTS OF THIS ISSUE...

As is the situation in many other states, where a Pennsylvania firm subcontracts a regular or recurrent part of its business to another, the firm is liable for workers’ compensation benefits to the subcontractor’s employees if that subcontractor...