FLatiron已起诉建筑商的风险保险公司,以否认承包商对其工作损害其工作损害的要求,从华盛顿州的两个污水处理泵设施中的振动中造成了损害。

The lawsuit, filed in August in federal court in Seattle against insurer Generali, provides some perspective on master reporting form insurance policies used for builders' risk coverage, how such policies mesh with project-specific coverages and how the policies work when bought at multiple levels of corporate ownership.

Such policies have advantages for contractors who would otherwise have to obtain standalone policies even though they build similar projects with similar materials.

Flatiron is seeking at least $6 million in damages.

Specifically, Flatiron says it bought narrower coverage under a project-specific policy because it believed broader builders' risk coverage was provided by a master insurance policy where the firm was named as an additional insured party of its parent company.

科罗拉多州布卢姆菲尔德 - 基于Flatiron is a subsidiary of Germany-based Hochtief AG.

The pump stations and force main pipes sendraw sewage from Sammamish, Issaquah and Bellevue, Wash., to be treated and reclaimed at伦顿的金县的废水处理厂.

该县在2017年雇用了Flatiron,负责大约4000万美元的升级项目的建设,尽管确切的合同价值尚不清楚。除其他任务外,work called for by the King County Dept. of Natural Resources and Parksinvolved matching the look and feel of the buildings to the surrounding Seattle neighborhoods, adding a new green roof, replacing a generator and upgrading the force main pipes from 12-in. to 24-in. diameters.

该公司在8月25日提起的诉讼中表示,Flatiron保险索赔中包含的一项是对承包商对承包商的工作造成的重大损害。

Generali尚未对Flatiron提出答复,与其官员联系的努力没有成功。

Refusal to Negotiate Claim

熨斗忠利已经refu说sed to negotiate on the claim under the master policy and failed to meet its obligations under the project-specific policy, breaching its contracts, the contractor claims.

The contractor states in its lawsuit that it observed vibration and unexpected resonance frequency levels on all eight pumps in the two stations in 2019 and 2020, along with excessive wear, and in April 2020 informed its insurance brokers, Turner Surety & Insurance Brokerage and WillisTowersWatson. It requested "full program coverage" under the master insurance policy.

承包商认为,其在其总体政策下的覆盖范围更广泛,并且在其特定于项目的政策下的承保范围较窄。

根据Flatiron的说法,将军根据特定于项目的政策否认了大部分主张,称覆盖范围不存在,但没有考虑主政策。

与Hochtief的联系

Generali allegedly refused to provide coverage under the master policy, said Flatiron, because the claim should have been transmitted through Hochtief Insurance Broking and Risk Management Solutions (HIBRAMS). Flatiron argues that it is a known authorized agent of HIBRAMS and the submission was sent on its behalf as an additional insured.

Flatiron bought coverage under its project-specific policy expecting that some types of coverage would fall under the master insurance policy, the lawsuit states.

Marty Malloy, a claim director and risk consultant for Turner Surety & Insurance Brokers, wrote an email to co-broker WilllisTowers in April 2020 about the claim saying at the time that Flatiron was still trying to figure out why the damage occurred. "The cause of the vibration issue has not been determined," he stated.

He added, "Flatiron is requesting full program coverage provided under the Master Policy."