An agreement requiring a subcontractor to obtain liability insurance to protect the general contractor from claims caused in whole or in part by the subcontractor does not require the insurer to defend a claim that alleges negligence by the general contractor, a Carbon County judge has ruled.
In a Sept. 2 ruling, Carbon County Court of Common Pleas President Judge Roger N. Nanovic denied general contractor Lobar Inc.’s motion for summary judgment requesting that the court find its subcontractor, Chowns Fabrication and Rigging Inc., in breach of a subcontract. It also granted Chowns’ motion for summary judgment, dismissing Lobar’s joinder complaint.
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