Consider this common scenario. A subcontractors employee is injured on the job and sues the general contractor, an additional insured on the subcontractors commercial general liability (CGL) policy.
The employee does not sue the subcontractor because she is prevented from doing so under state workers compensation law.
If the employees complaint is silent as to the subcontractors fault, how does the general contractor trigger additional insured coverage under the subcontractors policy?
Prior to 2004, the standard Insurance Services Office, Inc. (ISO), additional insured endorsement forms provided that an additional insured was covered for liability "arising out of" the named insureds operations.
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