Daniel Lund III | Phelps Dunbar “It’s none of your business.” So said a construction surety resisting discovery of its underwriting file in the context of the surety’s affirmative $2 million indemnity claim (on a $25M bond), and a Missouri federal court agreed. In response to the surety’s indemnity suit, the defaulted principal contractor and… Continue reading Construction Litigation Roundup: “It’s None of Your Business.”
Tag: Indemnity Agreements
Second Circuit Rules Indemnity Provision in Construction Contract Trumps “Other Insurance” Clause in Determining Priority of Coverage
Scott Seaman | Insights for Insurers A recent decision by a panel of the U.S. District Court of Appeals for the Second Circuit serves as a reminder that sometimes insurers and policyholders must look outside the insurance policies to determine the priority of coverage among insurance contracts. We have previously discussed how, in some instances,… Continue reading Second Circuit Rules Indemnity Provision in Construction Contract Trumps “Other Insurance” Clause in Determining Priority of Coverage
Is Your Indemnity Agreement Enforceable? How to Not Miss Out on this Critical Step in Risk Management
Maura Winters | Cozen O’Connor | September 30, 2019 Generally, indemnity agreements in construction contracts are a promise by which one party (the indemnitor) agrees to defend, indemnify, or hold harmless the other party (the indemnitee) for acts or omissions related to the project. The enforceability of indemnity agreements is a battle that will likely… Continue reading Is Your Indemnity Agreement Enforceable? How to Not Miss Out on this Critical Step in Risk Management
California Design Professionals’ Indemnity Obligations Limited Under 2018 Contracts
Ryan W. Young | Lewis Brisbois Bisgaard & Smith LLP | June 22, 2018 The California Legislature has narrowed the scope of enforceable indemnity agreements applicable to licensed architects, engineers, and land surveyors through its amendment of Civil Code § 2782.8. This represents an important development in the allocation of risk in the construction community, since Section… Continue reading California Design Professionals’ Indemnity Obligations Limited Under 2018 Contracts
Under Construction: Southwest United States Series
Jim Sienicki – June 20, 2013 Welcome to our summer 2013 issue on indemnity and additional insured provisions in the Southwest. While contractual provisions that define liability in the event of accidental damage or loss affect most construction projects, the articles in this issue demonstrate how the laws and rules concerning indemnity and additional insured… Continue reading Under Construction: Southwest United States Series