Garret Murai | California Construction Law Blog As they say, when it rains, it pours. Indemnity and insurance are the “Big Two” when it comes to risk avoidance on construction projects. The next case, LaBarbera v. Security National Security Company, 86 Cal.App.5th 1329 (2022), involves both. It’s an interesting case, which I think could have gone… Continue reading “Incidental” Versus “Direct” Third Party Beneficiaries Under Insurance Policies in Which a Party is Not an Additional Insured
Tag: Third Party Claims
Time’s Up! Or Is It?
Dara Jebrock and Lindy Keown | CLM | Spring 2018 Proposed legislation in Florida would lengthen the statute of repose for counter, cross and third-party claims in construction defect. The time for bringing certain actions for latent construction defects in Florida may be relaxed, depending on the outcome of proposed legislation. Senate Bill 536 and… Continue reading Time’s Up! Or Is It?
Limiting Third-Party Claims through Controlled Insurance Programs
Brian M. Stork | Kane Russell Coleman Logan PC | May 4, 2018 All owners and general contractors are familiar with the scenario where the employee of a subcontractor is injured while working on a large construction project. The subcontractor is generally a workers’ compensation subscriber and, therefore, immune from any direct claims asserted by… Continue reading Limiting Third-Party Claims through Controlled Insurance Programs
Can You Settle Your Third-Party Claim While in Coverage Purgatory?
P. Wesley Lambert | Brouse McDowell | November 13, 2017 Most commercial general liability (CGL) policies grant control over the defense and settlement of third party claims to the insurer. Thus, the right to settle, or not settle, a third-party claim against the policyholder resides with the insurer. However, when an insurance company breaches its… Continue reading Can You Settle Your Third-Party Claim While in Coverage Purgatory?
Construction Contracts, Third Party Claims and Tort Law Liability
Carl R. Pebworth | Faegre Baker Daniels | October 5, 2017 What tort obligations does a design professional on a construction project owe to non-parties — like, for example, the persons who will use what has been designed after it is built? Tort law involves the idea of a duty of care that the design… Continue reading Construction Contracts, Third Party Claims and Tort Law Liability