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
Tag: Duty to Indemnify
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
Federal Court Reaffirms That There is No Duty to Defend or Indemnify a Builder for Defective Construction Work
David M. McLain | Colorado Construction Litigation | December 18, 2017 Association Insurance Company v. Carbondale Glen Lot E-8, LLC In a case that squarely confronts the juxtaposition of an insurer’s duty to defend or indemnify its insured for construction related defects, the United States District Court for the District of Colorado recently granted an… Continue reading Federal Court Reaffirms That There is No Duty to Defend or Indemnify a Builder for Defective Construction Work
Ninth Circuit Holds That Despite ‘Known Damage’ Exclusion Insurer Had Duty Under Oregon Law to Indemnify and Defend Contractor When Property Damage Resulted From Contractor’s Negligent Repair of a Prior Negligent Act
Alex Corey | Constructlaw | June 22, 2017 Alkemade v. Quanta Indem. Co., 2017 U.S. App. LEXIS 6896 (9th Cir. Apr. 20, 2017) In 1994, Adrianus and Rachelle Alkemade (the “Alkemades”) bought a house from Meltebeke Built Paradise Homes (“Meltebeke”). The home was built on expanding soils, causing significant structural damage. Meltebeke repaired the existing… Continue reading Ninth Circuit Holds That Despite ‘Known Damage’ Exclusion Insurer Had Duty Under Oregon Law to Indemnify and Defend Contractor When Property Damage Resulted From Contractor’s Negligent Repair of a Prior Negligent Act
District Court Rules “Professional Services” Exclusion means Professional Services
R. Bruce Wallace | Nexsen | Pruet | June 29, 2017 Recently, the United States District Court for the District of South Carolina granted judgment in favor of an insurance carrier, finding the carrier did not owe a duty of defense or a duty to indemnify the insured in an underlying professional malpractice claim. In State… Continue reading District Court Rules “Professional Services” Exclusion means Professional Services