StarNet Insurance Co. v. Ruprecht

Words & Phrases

Duty To Defend: Contractual Indemnity

Trial Judge

Matthew F. Kennelly

Appellate Judge

Rovner

Holding

Subcontractor's insurer was not required to provide coverage on general contractor's contribution claim due to exclusion for waiving Kotecki cap.

Fact Summary

Employer's liability, exclusion for waiver of Kotecki cap

Although subcontractor's agreement with general contractor contained waiver of Kotecki cap on subcontractor's contribution liability, subcontractor's insurer was not required to provide coverage on general contractor's contribution claim and was only required to pay amounts set forth in Worker's Compensation Act because the employer's liability portion of policy had an exclusion for subcontractor's contribution liability due to waiving Kotecki cap.

Back