WA STATEWashington Supreme Court
2013

International Marine Underwriters v. ABCD Marine, LLC

179 Wash. 2d 274Washington Supreme Court • Decided 2013Enforced

HOLDING

A general partner in a marine welding partnership was injured while working as an independent contractor and tried to claim coverage under the partnership's liability insurance as a "third party." The Washington Supreme Court ruled against him, holding that general partners cannot be treated as third parties under insurance policies because partnership law makes them personally liable agents of the partnership. This means partners are considered insiders to partnership contracts, not outside parties eligible for third-party coverage.

KEY FINDINGS

Broad Indemnification

General partners cannot claim third-party coverage under their own partnership's insurance policy—they are legally considered principals to partnership contracts, not third parties.

Insurance Requirements

If you're a partner in a subcontracting firm, you cannot use the partnership's liability insurance to cover your own injuries or claims; you need separate personal coverage.

Flow-Down

When a client requires additional insured status on your insurance certificate, make sure the policy actually covers the work you're doing and understand who qualifies as a covered party versus an excluded insider.

FULL COURT OPINION