March 2017 Newsletter
The Innovation Team
Innovation means a lot of things to many people. It typically means doing something that no one else does with the measuring stick being what everyone else is doing. To Berkley Re Solutions, it means asking ourselves “What do we want to be possible?” This is the heart and soul of innovation. The challenge then… Read more »
Excess of Loss – “Assault at a Nightclub”
The claimant alleged that, while in the bathroom of the insured’s nightclub, she was assaulted by the insured’s employees. The insured advised that the claimant was unconscious in a stall and when an employee went into the stall to check on her safety, the claimant awoke and became violent. The employee then restrained the claimant… Read more »
Excess of Loss – “When Less is Not More”
The insured installed foam insulation at the plaintiff`s building. It was determined that the wrong thickness of insulation was installed and the subsequent removal and replacement cost approximately $500,000. Suit was filed to recover the costs, alleging breach of contract and negligence. The case went to trial and the plaintiff was awarded a total of… Read more »
Umbrella Excess Liability – “When reinsurance can significantly limit your exposure.”
The insured driver was involved in a single car at-fault accident. She was driving home with a passenger and attempted to pass another vehicle. However, her car went off the road, striking a road sign, clipping railroad tracks and rolling, before coming to a rest on its roof. The insured vehicle was a total loss…. Read more »
Liquor Liability – “How liable is a furnisher of alcohol for a patron’s subsequent actions?”
The insured owned a recreational vehicle parking area with a restaurant that could be rented for functions. The plaintiff was parked on the premises and was assaulted by one of the guests at the restaurant. The guest admitted that he was intoxicated at the time of the incident and was subsequently arrested and pled guilty… Read more »
Commercial General Liability – “An Act of God is not necessarily a defense to liability.
A father and daughter were travelling in their car during a severe wind storm when a large tree fell and crushed the roof of their vehicle, killing the father. The tree that fell was located on land owned by the insured, which was being developed for an apartment complex. An argument has been made that… Read more »
Flying Plywood and NY Labor Law
During a building project, an employee of the insured was struck in the head by a piece of plywood dropped from above by a co-worker. The plaintiff alleged head and back injuries. The New York labor Law applied and the insured also provided a defense and indemnification to the building owner and the General Contractor…. Read more »
Walking Backwards Caused Paraplegia
The insured was the General Contractor on a building site and an employee of a subcontractor walked backwards into an unprotected hole that had been excavated to construct stairs down to the basement. Safety railings had been installed previously, but were removed for an unknown reason prior to the accident. The claimant suffered paraplegia and,… Read more »
Slip & Fall into the Basement
The insured was the reinforced steel contractor for a hotel project. An employee of the insured slipped on a patch of ice and fell from the first floor of the hotel under construction to the basement below. The employee sustained multiple fractures to his feet and legs. The New York Labor Law applied and the… Read more »
