P&W Continues Strong Run of Recovering Funds for Insurer Clients

Tom Underwood and R.J. VanSwol obtained summary judgment in favor of a general contractor's insurer and against a subcontractor's insurer in a declaratory action concerning allocation of an underlying construction injury settlement. The subcontractor's insurer had argued that its policy language reduced the liability limits available to the general contractor as an additional insured and had claimed that the insurance requirements in the subcontract were ambiguous. The Cook County court rejected the arguments of the subcontractor's insurer, holding that the subcontract imposed “a floor, not a ceiling” when calling for “not less than” a given amount of coverage. This judgment continues a recent streak of recovering over $15 million in judgments and settlements for insurers that have been forced to step in and protect their insureds when other carriers are reluctant to acknowledge coverage.