Court Finds Coverage for Subcontractor not Listed as an Insured in Builder’s Risk Policy

Originally published by Brandee Bower .

In honor of the first place Kansas City Royals, I thought I’d share a Missouri case I recently found. I fell in love with the Royals as a little kid when the great George Brett came to my school. Drury Company v. Missouri United School Insurance Counsel,1 also involves a school district and an occurrence in October. A Sub-Contractor won summary judgment even though it was not listed as an insured on the policy. Since the Royals are all about winning too, here it is:

The School District entered into a contract with Penzel Construction Company to perform work on its premises. Penzel then hired a subcontractor, Drury, to install a cementitious roof deck known as Tectum. The School District obtained an insurance policy from MUSIC (Missouri United School Insurance Counsel) that provided “basic property coverages” and “special property coverages” including “automatic builder’s risk.” The policy stated:

Where required by contract, this insurance shall…

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