Eric Gold | Policyholder Pulse Blog | March 28, 2019 It’s a familiar story to anyone involved in insurance claims. A policyholder is sued and tenders the claim to its insurer. The insurer agrees to defend subject to a reservation of rights, but it also asserts that policy exclusions may ultimately preclude coverage. While the… Continue reading 11th Circuit Finds Duty to Indemnify Is Not Ripe until Underlying Action Is Resolved
Tag: Duty to Indemnify
Insurer Must Defend Insured Against Construction Defect Claims
Tred R. Eyerly | Insurance Law Hawaii | October 4, 2018 Finding various exclusions inapplicable, the Federal District Court ruled that the insurer owed a defense to the general contractor based upon Texas law. Mt. Hawley Ins. Co. v. Slay Engineering, 2018 U.S. Dist. LEXIS 139363 (W.D. Texas Aug. 15, 2018). Huser Construction had a CGL… Continue reading Insurer Must Defend Insured Against Construction Defect Claims
CGL Policies and the Professional Liabilities Exclusion
David Adelstein | Florida Construction Legal Updates | August 11, 2018 Commercial general liability (CGL) policies for contractors traditionally contain a professional liabilities exclusion. This exclusion is generally added through aspecific endorsement to eliminate coverage for professional services. Read the endorsement The point of the exclusion, in a nutshell, is simply to eliminate a CGL policy for a… Continue reading CGL Policies and the Professional Liabilities Exclusion
Oregon Anti-Indemnity Statute Voids Sub-sub’s Duty to Indemnify Sub for the Sub’s Own Negligence
Amandeep S. Kahlon | Buildsmart | August 7, 2018 The Ninth Circuit Court of Appeals recently upheld the application of Oregon’s anti-indemnity statute to a contractual indemnity provision requiring a sub-subcontractor’s insurer to indemnify the subcontractor for the subcontractor’s own negligence. In First Mercury Insurance Company v. Westchester Surplus Lines Insurance Company, Multnomah County contracted with… Continue reading Oregon Anti-Indemnity Statute Voids Sub-sub’s Duty to Indemnify Sub for the Sub’s Own Negligence
Additional Insured Coverage and Primary/Excess Priority Disputes, Oh My
James W. Bryan | Nexsen Pruet | July 19, 2018 Additional insured coverage in construction projects is one of the most vexing issues facing insurance coverage lawyers. Add to the complexity a priority dispute between primary and excess insurers and you have a recipe for complex coverage litigation. Recently, the Fourth Circuit tackled these issues… Continue reading Additional Insured Coverage and Primary/Excess Priority Disputes, Oh My