FEDERALCourt of Appeals for the Fifth Circuit
2001

Insurance Co. of North America v. Aberdeen Insurance Services, Inc.

253 F.3d 878Court of Appeals for the Fifth Circuit • Decided 2001Reversed

HOLDING

Maitland Brothers, a subcontractor, had its insurance policy canceled without proper notice. The court ruled that when a prime contract requires 30 days' notice before cancellation, that requirement flows down to the insurance company even if the policy itself doesn't explicitly state it. The Fifth Circuit reversed the lower court's decision and held the insurance company liable for failing to provide the required notice before canceling the subcontractor's coverage.

KEY FINDINGS

Insurance Requirements

Always review your prime contract's insurance requirements—they can legally bind your insurance company even if not mentioned in the policy itself

Flow-Down

Require your insurance broker to confirm in writing that all notice periods and cancellation terms from your prime contract are incorporated into your actual policy

Broad Indemnification

If your prime contract requires 30+ days' notice before cancellation, document this requirement and share it with your insurer to prevent surprise policy terminations

FULL COURT OPINION