Appellate partner Michael Bentley was quoted in Law360 in regards to the Fifth Circuit ruling that Kinsale Insurance Co. cannot escape Georgia-Pacific LLC's indemnity claim through a policy exclusion barring suits brought by one insured against another, reversing a decision that let Kinsale off the hook in a fire damage row.
"This is exactly the type of claim that a commercial general liability policy was designed to cover, regardless of whether it is asserted directly against the insured by the 'stranger' or in the form of a pass-through indemnity claim by another insured," said Bentley. "The Fifth Circuit’s decision is particularly important for companies that have a large deductible or self-insured retention and, for that reason, depend on their additional insured status for coverage of smaller claims or losses arising out of work by their contractors or affiliates."
Read the complete article, “5th Circ. Burns Insured Vs. Insured Exclusion In Fire Row,” which first appeared in Law360 on July 27, 2015.