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Case Name Douglas Ross Construction, Inc. v. Narver Insurance Agency
Date 10/31/2011
Note A general contractor has no cause of action against an insurance broker who sold one of its subcontractors a policy that did not cover a workplace injury to an employee of his subcontractor's subcontractor, the California 6th District Court of Appeals ruled.
Citation H036119
WCC Citation WCC 38182011 CA
DOUGLAS ROSS CONSTRUCTION, INC. v. NARVER INSURANCE AGENCY DOUGLAS ROSS CONSTRUCTION, INC. , Cross-Complainant and Appellant, v. NARVER INSURANCE AGENCY, Cross-Defendant and Respondent. NOT TO BE PUBLISHED IN OFFICIAL REPORTS PREMO, J. Douglas Ross Construction, Inc. (Ross) sued Narver Insurance Agency (Narver) for negligence on the theory that Narver failed to obtain liability insurance for Ross's subcontractor that covered Ross for construction-job injuries suffered by an employee of the subcontractor's subcontractor. Narver obtained from Admiral Insurance Company (Admiral) a commercial general liability insurance policy for Northstate that named Ross as an additional insured. Thus, even supposing that Northstate told Narver that Ross was to be a third party beneficiary of the insurance policy, Narver complied with Northstate's request. Here, however, Ross had no contact with Northstate's insurance broker, Narver, and Narver did not know that the policy must have coverage against Northstate's subcontractors.

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