Structuring coverage that survives Scaffold Law severity
New York's Scaffold Law shifts near-absolute liability for elevation-related injuries to owners and general contractors — and Action Over claims let injured workers' employers pass that liability upstream. Placing this exposure requires surplus lines paper engineered specifically for it.
Under Labor Law §§ 240/241, a worker injured in a gravity-related event can sue the owner and general contractor regardless of fault. The worker's own employer — often a subcontractor — then faces an Action Over claim for contractual indemnification. Defense costs frequently erode primary limits before indemnity is reached.
Primary GL on surplus lines paper explicitly endorsed to respond to §§ 240/241 without restrictive exclusions, layered excess above it, and enforceable contractual risk transfer — indemnification, additional insured status, and waiver of subrogation — pushed upstream to subcontractors with real-time COI compliance.
Every placement runs through a Contractor Requirement (CRT) audit: subcontractor contract wording, CG 20 10/37 additional insured forms, and indemnification clauses are checked against the policy structure so gaps are caught before a claim, not after.
Led by Michael H. Jenkins, Founder & Managing Director — licensed NY Property & Casualty and Excess Line broker.
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