FEDERALCourt of Appeals for the Tenth Circuit
2010

Employers Mutual Casualty Co. v. Bartile Roofs, Inc.

618 F.3d 1153Court of Appeals for the Tenth Circuit • Decided 2010Enforced

HOLDING

An insurance company sued a roofing subcontractor over coverage for a luxury hotel project in Wyoming. The court ruled that the insurance company could sue the subcontractor in Wyoming because the subcontractor had worked on a three-year construction project there. The court also applied Wyoming law to decide whether the insurance company had to defend the subcontractor against claims. This matters because it shows that courts can hold subcontractors accountable in states where they do significant work, even if they're based elsewhere.

KEY FINDINGS

Insurance Requirements

Working on a multi-year project in a state creates legal exposure there—courts can sue you in that state based on your construction work

Broad Indemnification

Insurance disputes follow the law of the state where the work happened, not where your company is incorporated

FULL COURT OPINION