Jason M. Seitz | Butler Weihmuller Katz Craig | April 30, 2018 Analysis of Zurich Am. Ins. Co. v. S.-Owners Ins. Co., 248 F. Supp. 3d 1268, 1276 (M.D. Fla. 2017) In a dispute between two insurers arising from an underlying premises liability action, a federal district court applied Florida law in its analysis of… Continue reading Allocating Responsibility for Defense and Indemnity Costs Among Multiple Insurers
Tag: Indemnity
Nevada Non-Mutual Claim Preclusion Case Effect on Permissive Cross-Claims
James Cavanaugh | Gordon Rees Scully Mansukhani | August 15, 2017 In construction defect litigation, including matters where the contractors are covered by owner controlled insurance policies (“OCIP”) or design professionals are not sued by plaintiff, a question often arises as to whether or not the co-defendants should file cross-claims for indemnity or contribution regarding… Continue reading Nevada Non-Mutual Claim Preclusion Case Effect on Permissive Cross-Claims
What Does Your Defense And Indemnity Construction Contract Mean In 2017?
Ryan W. Young | Lewis Brisbois | July 12, 2017 California’s longstanding restrictions on defense and indemnity construction contracts have undergone several changes over the years with significant differences based upon the contract execution date. More specifically, the California Legislature enacted Civil Code § 2782 in 1967, and has amended its provisions several times since… Continue reading What Does Your Defense And Indemnity Construction Contract Mean In 2017?
Indemnity, Duty to Defend, and Timing
Stan Martin | Commonsense Construction Law LLC | January 20, 2016 The concept of indemnity gets a lot of press. With good reason, since an indemnity is one tool in the risk management shed. As a recent court decision shows, however, a duty to defend is different than an indemnity. And a party who seeks… Continue reading Indemnity, Duty to Defend, and Timing
#2 – Subcontractor must Pay for General Contractor Defense, Including its Litigation Mistakes, after Ignoring General Contractor’s Tender Under Express Indemnity Provision
Graham C. Mills | Newmeyer & Dillion, LLP A recent decision by the Court of Appeal, Valley Crest Landscape Development, Inc. v. Mission Pools of Escondido (2015) 238 Cal.App.4th 468, reinforces the right of a general contractor to defense and indemnity by a subcontractor when the parties have contractually allocated risk to the subcontractor. To… Continue reading #2 – Subcontractor must Pay for General Contractor Defense, Including its Litigation Mistakes, after Ignoring General Contractor’s Tender Under Express Indemnity Provision