Richard G. Erickson | Snell & Wilmer Our construction clients may spend significant time, money, and effort refining and updating their contract provisions covering indemnification and the duty to defend claims. Consider spending an appropriate and adequate amount of time, money, and effort when sending notices, or “tenders,” to enforce those critical provisions. Tenders demanding… Continue reading Don’t Be Lazy With Your Tenders of Defense and Indemnity
Tag: duty to defend
No Duty to Defend Under Homeowner’s Policy Where No Occurrence, No Property Damage
Tred R. Eyerly | Insurance Law Hawaii The federal district court for the district of Hawaii granted the insurer’s motion for summary judgment determining there was not duty to defend and no duty to indemnify the insured under a homeowner’s policy. Allstate Ins. Co. v. Rosfeld, 2022 U.S. Dist. LEXIS 139123 (D. Haw. Aug.… Continue reading No Duty to Defend Under Homeowner’s Policy Where No Occurrence, No Property Damage
Beware The Duty To Defend Language In Contracts With Architects And Engineers
Andrew O. Gay | Gentry Locke It is the job of the Virginia legislature to make and change the laws of our Commonwealth. Sometimes, these new or changed laws are plastered all over the news. More often than not, new and changed laws are put into effect with little to no publicity. Nevertheless, there they… Continue reading Beware The Duty To Defend Language In Contracts With Architects And Engineers
Insurer Has Duty to Defend Sub-Contractor
Tred R. Eyerly | Insurance Law Hawaii Interpreting Connecticut law, the federal district court had that the insured sub-contractor was entitled to a defense. County Wide Mech. Servs. LLC v. Regent Ins. Co., 2022 U.S. Dist. LEXIS 86726 (D. Conn. May 13, 2022). The underlying plaintiff, The Saybrook at Haddam, entered a… Continue reading Insurer Has Duty to Defend Sub-Contractor
It Doesn’t Hurt to Ask: Why Construction Contractors Should Always Request a Defense
Matthew Guy and David Toney | Adams and Reese The “Duty to Defend” is a term of art used to describe an insurance company’s obligation to defend policyholders against claims made under a liability insurance policy. In the context of workplace injuries, a recent ruling from the United States Court of Appeals for the Fifth… Continue reading It Doesn’t Hurt to Ask: Why Construction Contractors Should Always Request a Defense