Insurance – Construction Subcontract 

Posted: 1:00 am Mon, February 8, 2010
By admin
Tags: Insurance

Where the “headache ball” and chains on a crane, which was owned by the general contractor and operated by an employee of the general contractor, fell and struck an employee of a subcontractor; the subcontract contained an enforceable insurance agreement of the type contemplated by Minn. Stat. sec. 337.05 and an indemnification rider; and the insurance agreement anticipates primary coverage, not excess coverage; we conclude that the indemnification rider to the subcontract did not modify the scope of insurance required by the subcontract and that the subcontractor’s insurance policy provides primary coverage for the general contractor.

Affirmed in part, reversed in part, and remanded.