There Must be an Alleged Negligent Act of the Named Insured to Trigger Coverage for an Additional Insured under a CGL policy
Source: https://www.constructionrisk.com/, January 2020
Does an Additional Insured under a contractor’s commercial general liability (CGL) policy have coverage for claims against the additional insured that aren’t based on allegations of negligent acts or omissions of the named insured contractor? In this decision the court concludes that although the CGL policy doesn’t expressly state that “negligence” must be alleged against the named insured in order for there to be a duty to defend or indemnify, that is, in fact, the legal requirement to find coverage. Bacon Construction Co., Inc. v. Arbella Protection Insurance Company, Inc., 208 A.3d 595 (Rhode Island Supreme Ct. 2019). Read more.