Volume 24

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SHARON URSCHELER, et. al., Plaintiff, vs. COASTAL CONSTRUCTION OF MIAMI DADE, INC., et. al., Defendant.

24 Fla. L. Weekly Supp. 31a

Online Reference: FLWSUPP 2401URSCInsurance — Commercial general liability — Coverage — Commercial general liability insurer’s duty to defend landscaping subcontractor whose president died in construction site accident against third party complaint and cross-claims brought against subcontractor by general contractor and construction site owner in wrongful death action that was brought by estate of deceased president — Where complaint and cross-claims contain indemnity/contribution claims that fairly and potentially fall within scope of coverage afforded by subcontractor’s commercial general liability policy, insurer has duty to defend subcontractor — Exclusion for obligations of subcontractor under workers’ compensation and similar laws is not applicable to claims brought by non-employees — Contractual liability and employer’s liability exclusions are not applicable where both except from their scope tort liability assumed by subcontractor under an insured contract, and subcontract between subcontractor and general contractor is an insured contract

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