Nicholas Rinaldi | Marshall Dennehey This case involves a fall at a construction site in which a jury found the defendant, a general contractor, partially liable for the plaintiff’s injuries, awarding him and his wife damages. The defendant appealed the lower court’s determination that it was not entitled to contractual indemnification from the co-defendants, a… Continue reading Appellate Division Clarifies Scope of Indemnification Clauses in Construction Injury Litigation
Tag: Indemnification
The Importance of Indemnification Clauses in Managing Post-Completion Project Risk
Catherine Moronski | Robinson + Cole Claims against design professionals often pose unique challenges when such claims are dually rooted in both tort and contract theories, and therefore subject to competing time limitations. To reconcile these differences, Massachusetts courts have historically looked to the “gist” of a given claim, rather than the label, to assess… Continue reading The Importance of Indemnification Clauses in Managing Post-Completion Project Risk
Supreme Court of New Jersey Holds that Indemnification Can Exist in First-Party Claims, With the Appropriate Language
Todd Leon | Marshall Dennehey For many years, the rule of law governing claims for contractual indemnification in New Jersey has been well-established under the so-called “Azurak” rule, which requires that, in order for a party to be indemnified for its own negligence, the agreement upon which the claim is based must explicitly and unambiguously… Continue reading Supreme Court of New Jersey Holds that Indemnification Can Exist in First-Party Claims, With the Appropriate Language
Incorrect Information Provided on Insurance Application Defeats Claim for Coverage
Tred R. Eyerly | Insurance Law Hawaii The Eleventh Circuit affirmed the district court’s finding of no duty to defend or indemnify because of an answer on the insured’s application for insurance. Snell v. United Specialty Ins. Co., 2024 U.S. App. 12733 (11th Cir. May 28, 2024). Snell was hired by a family,… Continue reading Incorrect Information Provided on Insurance Application Defeats Claim for Coverage
Indemnification In Construction Contracts
The Cromeens Law Firm I think a lot of contractors are afraid of indemnification provisions because they do not know what they mean and how they are supposed to work. The general idea behind indemnification in construction contracts is that you are responsible for any damage you cause and any injuries to your subcontractors or employees. This… Continue reading Indemnification In Construction Contracts