Non-compliance With Endorsement Means No Indemnity Coverage

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Tred R. Eyerly analyzes Cincinnati Spec. Underwriters Ins. Co. v. Milionis Constr., Inc.

January 15, 2019
Tred R. Eyerly - Insurance Law Hawaii

The insured's failure to verify that subcontractors had CGL policies and to provide a contract stating that the subcontractors would indemnify the insured as required by the policy's endorsement meant there was no coverage for the insured. Cincinnati Spec. Underwriters Ins. Co. v. Milionis Constr., Inc., 2018 U.S. Dist. LEXIS 199658 (E.D. Wash. Nov. 26, 2018).

The homeowners filed suit against Milionis, the general contractor for construction of a home. The underlying suit alleged that Milionis breached the parties' agreement by leaving the home unfinished. Cincinnati defended Milionis under a reservation of rights.

Mr. Eyerly may be contacted at te@hawaiilawyer.com



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