CONSTRUCTION DEFECT JOURNAL

"News and Information for Construction Defect and Claims Professionals"

CONSTRUCTION DEFECT JOURNAL - ISSUE 242749 - SATURDAY, JANUARY 24, 2026

Subcontrator’s Insurer Must Reimburse for Defense of Contractor

Stacks of coins

A.L.L., however, filed a third-party complaint against West Virginia Paving, seeking to require West Virginia Paving to defend and indemnify A.L.L. against Smith’s claims.

January 21, 2026
Tred R. Eyerly - Insurance Law Hawaii

The court determined that the subcontractor’s insurer owed a defense to the additional insured general contractor in a bodily injury suit. Charter Oak Fire Ins. Co. v. Liberty Mut. Fire Ins Co., 2025 U.S. Dist. LEXIS 227712 (S.D. W. V. Nov. 19, 2025).

A.L.L. Construction, Inc. was the general contractor for a construction project. West Virginia Paving, Inc. was the subcontractor for paving work. After construction began, Charlottee Smith allegedly fell and was injured due to A.L.L. and West Virginia Paving’s negligent work. She sued both A.L.L. and West Virgina Paving. Smith and West Virginia Paving settled.

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


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