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A Disclaimer Letter from the Insurer - It's Not the End of the Line for Your Client

By Mitchell B. Reiter & W. Richard Kroeger


We often receive inquiries concerning how best to respond to a carrier’s disclaimer of coverage. If one of your clients receives a disclaimer letter from its insurer, it is important to mobilize your resources to confront this challenge. This is the beginning of the story, not the end of it. Besides enlisting your assistance and speaking to knowledgeable coverage counsel, here are some immediate steps that you should advise them to take.

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Additional Insured Endorsements and Exhaustion of Coverage

By Mitchell B. Reiter and W. Richard Kroeger


In many types of businesses, it is customary for contracts to require that the upstream parties in the business relationship be made “additional insureds” under the downstream parties’ policies of insurance. To help you educate your insureds on the importance of Additional Insureds endorsements, this article explores some of the hidden pitfalls posed by the specific language of the numerous versions of Additional Insured endorsements and what impact Additional Insured status has on the availability of coverage under primary, excess and other policies (the “exhaustion” of coverage issue).  Read More >>


Yet Another Reason Not to Rely On Certificates of Insurance

By Henry L. Goldberg & Mitchell B. Reiter


We have previously discussed the dangers of relying upon a Certificate of Insurance as proof that required insurance coverage is being provided to an upstream, additional insured party as specified by a trade contract. A recent decision from the New York State Court of Appeals (New York’s highest court) provides still further reason to demand for review a complete copy of all policies of liability insurance from any entity contractually required to provide you with coverage.  Read More >>


The Current Spike in CGL Insurance Pricing – How To Mitigate The Costs?

By Henry l. Goldberg, Managing partner, Goldberg and Connolly and Sta Legal Counsel


Contractors and subcontractors throughout the region are witnessing a rapid spiking of insurance costs. There are many causes of this: excessive payouts resulting from Labor Law 240 and 241; Workers’ Compensation “reform”; insurance company portfolio losses; and significant losses in wrap-up and OCIP programs. As has been well publicized, some insurers have already left the New York market as a result. Read More >>


Purchase an Insurance Policy that has You Covered – Avoid an “Empty" Policy

By Henry L. Goldberg & W. Richard Kroeger  


Not all policies of insurance are created equal. In fact, some policies of insurance offer almost no coverage. Be certain to purchase a policy that is worth more than the paper upon which it was written. If you search only for the lowest price, you may be unpleasantly surprised by what is not covered when you make a claim. This article will discuss what you should review in order to avoid purchasing an “empty" policy. Read More >>


How to Avoid "Holdbacks" In NYC Public Contracts

By Mitchell B. Reiter & W. Richard Kroeger  


The standard construction contract with the City of New York ("the City") contains a number of provisions that allow the City to retain a portion of payments on a project. The typical retainage “holdback,” where the City retains 5 percent - 10 percent of the value of the work certified for payment in each partial payment voucher until the substantial completion of the work, is unavoidable from a contractor’s standpoint. However, with careful planning and quick response, the impact of most other of the City’s contractual “holdbacks” can be minimized or even avoided entirely.
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Five Essential Insurance Provisions You Need to Review

By Henry L. Goldberg & W. Richard Kroeger  


Insurance specifications are routinely utilized by both general contractors and construction managers in their standard subcontracts. Among those are the following five key insurance-related provisions which require careful review.  Read More >>


Dealing with a Carrier’s Denial of Coverage

By Henry L. Goldberg & W. Richard Kroeger  


Carriers appear to be denying coverage under commercial general liability (CGL) and other insurance policies with increasing frequency. Perhaps because the investment portfolios of carriers have been weakened in the current economic downdraft or perhaps because they simply believe it “worth the effort,” insurance companies are often failing to step up and provide the coverage their insureds purchased, often after receiving premiums from these same insureds for years. In the high risk construction industry, no contractor can or should accept this. While it is, of course, necessary to consult with insurance coverage counsel before planning your response to your carrier, here are a few “first aid” items to keep in mind. Read More >>


Ten Timesaving Tips for Additional Insured Coverage
By Mitchell B. Reiter

 

By Henry L. Goldberg & W. Richard Kroeger  


In today’s business environment, efficiency is the name of the game. To save yourself time (and frustration), consider using this checklist each time that you address issues of additional insured coverage on your liability policies.  Read More >>


Insurance Talk with the Attorneys of Goldberg & Connolly

Goldberg & Connolly | 66 North Village Avenue | Rockville Centre, NY 11570

Phone (516) 764-2800 | Fax (516) 764-2827 | www.goldbergconnolly.com



Mitchell B. Reiter: mbreiter@goldbergconnolly.com

W. Richard Kroeger: wrkroeger@goldbergconnolly.com

Henry L. Goldberg: hlgoldberg@goldbergconnolly.com

Disclaimer - Please note that the articles written by their authors does not constitute legal advise either by Group Coverage, Inc. Or the author of the article.  Group Coverage, Inc. Is not affiliated with the author or the law firm they represent.  In addition it should be noted that neither Group Coverage, Inc., the author, or the law firm the author represents assumes no liability for the information contained as there is no attorney client relationship.  The information contained in the articles is for information only and you should seek the advise of a qualified attorney.  

This article has been prepared for informational purposes only. It is not a substitute for legal advice addressed to particular circumstances. You should not take or refrain from taking any legal action based upon the information contained herein without first seeking professional, individualized counsel based upon your own circumstances.