by Kent Holland | Jul 26, 2017 | Newsletter Article
By: J. Kent Holland, Jr. A recent court decision requiring an engineer to indemnify and defend its client, a project owner, against a routine contractor claim is a wakeup call to further clamp down on indemnification language so that only those damages resulting from...
by Kent Holland | May 22, 2017 | Newsletter Article
A construction contract between a contractor and project owner required the contractor to name the construction manager (CM) as an additional insured under its commercial general liability (CGL) policy. A sample additional insured endorsement with the CM’s name typed...
by Kent Holland | Oct 27, 2015 | indemnification clause, Newsletter Article
Kent Holland, J.D. ConstructionRisk, LLC Where an engineer entered into a contract with a homebuilder, its contract included a broad form indemnification clause that included a duty to defend and an obligation to indemnify for all claims and damages regardless of...
by Kent Holland | Jan 14, 2015 | duty to defend, Newsletter Article, professional liability exclusion
By James Rhodes, Esq. ConstructionRisk Counsel, PLLC Introduction A federal appeals court, applying Louisiana law, held that an insurer did not owe a duty to defend its insured, an architect, in a suit by the architect’s former client. The court explained that...
by Kent Holland | Aug 11, 2014 | duty to defend, Newsletter Article
By J. Kent Holland, Esq. and James N. Rhodes, Esq.ConstructionRisk Counsel, PLLC Published on IRMI.com A Wisconsin appeals court found that an insurer’s duty to defend under a contractors pollution liability (CPL) policy was not triggered by an explosion caused...
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