(DOWNLOAD) "North Star Reinsurance Corporation v. Continental Insurance Company" by Commonwealth Court of Pennsylvania ~ eBook PDF Kindle ePub Free
eBook details
- Title: North Star Reinsurance Corporation v. Continental Insurance Company
- Author : Commonwealth Court of Pennsylvania
- Release Date : January 16, 1993
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 85 KB
Description
These cases, which originated as damages claims for employees work site injuries, are today solely contests among insurance carriers over which insurance policy should bear the loss. The novel issue presented is whether this Court will recognize the doctrine of "preindemnification" asserted by insurers for the employer-contractors (the primary wrongdoers) to put the insurance coverage of the construction site owners (who are only vicariously liable) ahead of their own insurance. Having procured the separate insurance for the owners, as required by their agreements, the contractors argue that they have automatically "preindemnified" the owners for losses up to the limits of the owners policy. We reject that doctrine in favor of common-law indemnification principles, but further conclude that the insurers claims in Prince and Valentin are precluded by the independent, narrower, antisubrogation rule.
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