Actual notice triggers the duty to defend.
When there is a loss, there are two notices requirements. One is notice of a loss and the other is the notice of a lawsuit. Unfortunately these notices are routinely incorrect. If you are the owner and a contractor’s employee was injured you should make the effort to notify all of the insurers of the loss. Don’t count on the additional insured’s counsel or loss department to notify anyone. Send the notice and do it in writing to the insurer and not just the producer. Best practice is to review the policy and when in doubt, directly notify the insurer.
David M. Lewin
Lewin Law Group
- Principal at Lewin Law Group, a Chicago-based firm with a national practice focused on condominium law, construction litigation, and related insurance issues
- Former Chair of Illinois Association of Defense Trial Counsel’s Insurance Coverage Section
- Has handled additional insured disputes coast to coast, from Florida to the Eastern District of Washington
- Extensive appellate experience in insurance coverage disputes, including the U.S. 7th Circuit and the Illinois Appellate Court
- Spoken numerous times on additional insured issues, ranging from a national of the American Society of Safety Engineers to small groups including the Chicago Park District’s Risk Management team
- Published on coverage issues in publications ranging from the Illinois Association of Defense Trial Counsel Quarterly to industry specific publications such as Condo Lifestyles and Northern Illinois Real Estate Magazine
- Can be contacted at (312) 725-2084 or [email protected]
Stellato & Schwartz
- Partner at Stellato & Schwartz, with offices in Chicago and Schaumburg, IL
- With more than twenty-five years of experience, Mr. Karamuzis concentrates his practice in construction litigation, insurance litigation and condominium law
- Has tried numerous civil cases to jury verdict
- Admitted pro hac vice in multiple states
- Invited to speak numerous times across the country to construction industry trade groups such as Associated General Contractors (AGC) and Safety Executives of New York
- President of large condominium association in Chicago for eight years overseeing multi-million dollar capital improvement projects
- Can be contacted at (312) 419-1011 or [email protected]
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