Insurer Must Defend, Indemnify Subcontractor for Wrongful Death Claims, 3rd Cir. Affirms
November 22, 2021
PHILADELPHIA — Penn National Mutual Casualty Insurance Co. is required to defend and indemnify a subcontractor against wrongful death claims filed by the widow of a worker who was killed while working at a Pennsylvania construction site, a federal appellate panel has affirmed.
In a Nov. 18 opinion, the 3rd Circuit U.S. Court of Appeals panel found the duty to defend was triggered because the subcontractor was an additional insured under the policy’s Ongoing and Completed Operations endorsements. Further, the duty to indemnify was triggered because the settlement of the wrongful death action, which involved “multiple claims, multiple parties …