Jenner & Block

“3 Key Insurance Takeaways from Old Republic v. Kenny,” Insurance Law Update

In the November Insurance Law Update, Jenner & Block Partner Matthew L. Jacobs and Associate Sati Harutyunyan examine the implications of Old Republic v. Kenny.  They explain that an Illinois federal court recently ruled in favor of coverage for a general contractor that had received additional insured certificates of insurance, but who the insurer insisted received them only for “informational purposes.”  The authors then highlight three takeaways from the decision:  “First, certificates of insurance reflect the parties’ intent to add the general contractor as an additional insured, and are not merely for “informational purposes” only, as the insurer asserted. Second, an insurer may have a duty to indemnify a general contractor even in the absence of a duty to defend. Third, the contractual liability exclusion will not apply to bar coverage for an underlying claim when the claim includes both allegations of negligence as well as breach of contractual provisions.”  The Insurance Law Update was republished in Law360.