Proposed Update to FEMA Rules for Builders

The Federal Emergency Management Agency recently proposed updated FEMA rules for builders and homeowners requiring them to build on higher ground when using federal funds on construction projects situated in flood-prone areas. Construction projects affected by updated FEMA rules include buildings, roads and other projects receiving federal funds, as well as projects rebuilt with FEMA […]

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Insurance for Landscapers – No Coverage for Trees and Shrubs or Plants qualifies for KMRD HALL OF SHAME

Stress

This scenario represents an actual coverage flaw in an insurance program of a well run, profitable business. A commercial landscaper utilized a carrier that aggressively targets his industry and controls a large market share of landscapers in the region.  A significant risk surrounds the requirement to deliver plant and tree inventory to their jobsites prior […]

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No Coverage for Work in Excess of 35 feet – Insurance Coverage Quality Control HALL OF SHAME

This scenario represents an actual coverage flaw in an insurance program of a well run, profitable business. General liability and umbrella policies for contractors included endorsements removing coverage for work on buildings in excess of 3-stories or 35 feet. The client just finished explaining they were working on the top floor of a building similar to the […]

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Hall of Shame – Injury to Independent Contractors Exclusion Creates Severe Coverage Gap

Stress

This exclusion removes coverage for any work done by an independent contractor: Here is an outline of an everyday exposure for a typical (ABC) company that utilizes subcontractors (as you know, there are not many companies who do not use a subcontractor in some capacity): This exclusion removes coverage for any claims arising out of […]

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Gerry’s Desk: Faulty Work of Subcontractor Does Not Constitute Occurrence In General Liability Insurance Policy

Background In the Kvaerner Metals vs National Union Fire Insurance Company ruling, the PA Supreme Court held faulty work of a subcontractor does not constitute an “occurrence” in a general liability insurance policy.  If there is no “occurrence”, coverage is not triggered. Prior to Kvaerner Metals vs National Union Fire Insurance Company, the general liability […]

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The Construction Workplace Misclassification Act is Now a Law

KMRD Are You Ready for One Minute From Normal?

Effective today, any construction company operating in Pennsylvania that does not follow the strict guidelines set out in the Construction Workplace Misclassification Act will be civilly liable, may face criminal prosecution, and may also be subject to stop work orders. If your construction company has not carefully reviewed its contracts and certificates of insurance in […]

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Construction Workplace Misclassification Act – More Hurdles to Overcome When Using Subcontractors – THE GREY AREA IS NOW GONE!

KMRD Are You Ready for One Minute From Normal?

Effective February 11, 2011, the Construction Workplace Misclassification Act in Pennsylvania  strictly regulates the use of individuals as independent contractors in the construction industry. If any worker who does not meet all of the following criteria is misclassified as an independent contractor, the hiring party business, and its officers and agents, may be civilly liable, […]

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