These carriers are known to have excluded contractual liability in the past. This is critical for the General Contractor/ Developer and sub-contractor to know.The general contractor typically has indemnity agreements with the sub contractor making certain obligations and promises in the event of a claim or occurrence. It's critically important that your "sub-contractors" insurance policy contain contractual liability coverage so their insurance carrier can make good on the obligations and promises made in the sub-contract agreement. If your "sub-contractor's" policy excludes this coverage, you the General Contractor and or Developer still have the financial obligation to pay. Difference being instead of their insurance carrier paying, your insurance carrier pays driving up your insurance costs at renewal. If you are insured with Everest, you may not have coverage at all.
If upon review your sub-contractor is insured by one of these carriers I suggest you take a much closer look. Order a copy of the forms and endorsements section of their policy , or contact your broker for their advice. Your efforts could be worth tens of thousands of dollars.
This list is not the end all, be all, but it's fairly accurate. It is a combination list distributed to me by both the Claims Department at Harleysville Insurance, and John Hannum of Hawkins Feretic & Daly, LLC in Manhattan. Thank you folks !
Admiral ( Subcontractors Warranties) May either exclude coverage for sub contractors if the subs coverage does not conform to the requirements set by Admiral or the may charge their insured at the rate the sub would pay.)
Atlantic Casualty ( Exclusion of injury to employees, contractors and employees of contractors. They also have classification limitations/exclusions.)
American Safety
Berkley Specialty
Burlington ( Cross Liability exclusion-amended to include any employee of any insured.)
Colonial Co-Operative
Colony
Cover X First Mercury (May offer buy backs for coverage, need proof by endorsement)
Erie & Niagara (Contractual Limitation)
Essex Ins. Co. ( Contractual limitation, independent subcontractors and their employees, including leased works.)
Farm Family
First Mercury
Hartford ( Need to look at the forms and endorsement section of the contract, coverage limitations vary by class)
Hermitage
Hudson (Third Party Action Over Exclusion)
James River Ins Co. Classification limitations, sub contractors warranty
Merchants " Handyman Program" Contractual Limitation & Exclusion to employees injuries
Mount Vernon Fire
Mountain Valley indemnity Company ( Preserver Group)
Mt Hawley w/ MCF Policy pre-fix Beware of contractual liability limitation.
National Casualty Employers liability exclusion amended " This exclusion does not apply to liability assumed by the insured under an "insured contract"
National Fire & Marine Contractual Limitation
North Sea
Nova Casualty
QBE Non-Admitted
RCA
RLI / Mt Hawley
Rutgers Casualty
Scotsdale Some Scotsdale policies will offer the proper coverage, need to check the forms and endorsements to vet the contract.
Selective ( Need to look at the forms and endorsement section of the contract, coverage limitations vary by class)
Everest America Sub contractor's Warranty & Classification Limitation Endorsements )
TIG
Tower Insurance Company
Tudor
United National Residential projects exclusion ( all habitational)
US Liability Ins Co.
US Underwriters
Utica First Exclusion of Injuries to employees
Valley Forge
To be certain, order a copy of the policy from the sub, and have your insurance advisor read it.
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