The issue of “action over coverage” has become a significant concern for small- to medium-sized contractors in New York, and it does not appear there will be any easy solutions any time soon.
The issue generally arises when a contractor is hired for a renovation or construction project in a building and one of the contractor’s employees gets injured or accidentally injures someone else while working on the job. He can put in a claim for Workers’ Compensation, but he may also try to sue the property owner of the building he was working in, if his injuries were due to negligence on the part of building maintenance. The property owner will defend himself by claiming that he is also covered as an additionally insured party under the contractor’s insurance policy. Continue reading The “Action Over Coverage” Insurance Problem for Small Contractors in New York