Insurance Coverage - Summary Judgement
Mr. Kerrigan, Mr. Barry and Mr. Lewis successfully obtained summary judgment on behalf of the insurer in a Contractor Controlled Insurance Program. The lawsuit involved a claim the employer of the plaintiff, who was allegedly injured on a barge, made against the insurance coverage provided under the Program. A critical issue on summary judgment was whether the employer properly enrolled into the Program such that it would qualify as a named insured as defined by the Program’s policies. The trial court granted summary judgment in favor of the insurer, finding that the employer’s failure to properly enroll in the Program meant that it was not a named insured under the insurance policies and was not entitled to coverage. This result effectively eliminated the insurer’s exposure in the case.