CONSTRUCTION DEFECT JOURNAL

"News and Information for Construction Defect and Claims Professionals"

CONSTRUCTION DEFECT JOURNAL - ISSUE 242749 - TUESDAY, NOVEMBER 3, 2026

Court Untangles Which of Three Insurers Should Defend

Pen lying on contract
November 2, 2026
—
Tred R. Eyerly - Insurance Law Hawaii

The federal district court sorted out which of three insurers were obligated to defend the insured after a bodily injury. Travelers Prop. Cas. Co. of Am. v. Arch Ins. Co., 2026 U.S. Dist. LEXIS 197942 (S. D. N. Y. Sept. 1, 2028).

LP Ciminelli, Inc. (LPC) was the contractor for a construction project. LPC hired Franco Associates as a subcontractor. The parties entered a subcontract requiring Franco to indemnify LPC for bodily injury “arising out of or resulting from . . . any acts or omissions on the part of” Franco or its employees. Franco was also required to procure insurance coverage that was “primary over and apply on a non-contributory basis to any other collectible insurance providing coverage to [LPC].”

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


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