by Kent Holland | Aug 13, 2019 | indemnification clause, Newsletter Article
Subcontractor’s employee was injured by falling into an expansion joint in a concrete floor that the prime contractor failed to adequately cover with plywood. This employee sued the prime contractor for his injuries. An indemnification clause in the subcontract...
by Kent Holland | Aug 2, 2019 | indemnification clause, Newsletter Article
Pursuant to the indemnification clause of a subcontract, the subcontractor owed its prime contractor a duty to defend against a third party negligence claim. The duty arose when the claim was made. Citing the important case precedent of Crawford v. Weather Shield, the...
by Kent Holland | Mar 26, 2019 | indemnification clause, Newsletter Article
An indemnity clause in an architect’s contract with its client (building developer) was found void for violating anti-indemnity statute applicable to “contractors” performing work on “any contract relating to construction” because it required indemnity “for any and...
by Kent Holland | Feb 14, 2019 | Newsletter Article
A project owner and its subcontractors were entitled to be defended and indemnified under its contractor’s commercial general liability (CGL) policy. The “contractual liability” exclusion of the policy was not applicable because indemnity was afforded under an...
by Kent Holland | Jan 22, 2019 | Newsletter Article
A homeowner insurance policy was required to defend the homeowner/seller of a house against a personal liability lawsuit by a purchaser that alleged damages resulting from a rock slide allegedly caused by the seller’s breach of contract and negligence. The carrier...
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