Gabe Weaver | The Policyholder Report | July 8, 2015 The Oregon Supreme Court recently addressed an issue that has been the source of significant uncertainty in construction disputes: the extent to which construction agreements can require subcontractors to indemnify general contractors for damages caused by the negligence of others. This issue keenly interests coverage counsel… Continue reading Oregon Supreme Court enforces Indemnity Provisions, but Only to a Point
Tag: Additional Insured
California Guidance on Complex Duty to Defend Disputes over Additional Insured Status
Max H. Stern | Duane Morris LLP | January 28, 2015 In McMillin Companies, LLC v. American Safety Indemnity Co. (4th Dist. Div. 1, No. D063586, January 22, 2015 (published in relevant part)), the California Court of Appeal for the Fourth District has provided some meaningful guidance on how a trial court should handle issues that regularly… Continue reading California Guidance on Complex Duty to Defend Disputes over Additional Insured Status
Insurer Has Duty to Defend Additional Insured in Construction Defect Case
Tred Eyerly | Insurance Law Hawaii | December 29, 2015 The court denied the insurer’s motion for summary judgment, holding that the insurer had a duty to defend the additional insured against claims for construction defects. Centex Homes v. Lexington Ins. Co., 2014 U.S. Dist. LEXIS 164472 (C.D. Cal. Nov. 24, 2014). Centex contracted with Gateway… Continue reading Insurer Has Duty to Defend Additional Insured in Construction Defect Case
“Additional Insured”: Are You Really Covered?
David A. Eisenberg | Much Shelist PC | December 10, 2014 It is standard practice on any construction project: the general contractor requires its subcontractor to obtain certificates of insurance indicating that the general contractor and the property owner are listed as additional insureds on the subcontractor’s commercial general liability (CGL) policy. The general contractor… Continue reading “Additional Insured”: Are You Really Covered?
Nevada Indemnification Clauses and Additional Insured Endorsements
Leon F. Mead II – June 20, 2013 Unlike many states, Nevada has no statutory prohibition on indemnification agreements within the construction context. This has been an issue of significant concern every legislative session since 1995, with 2013 being no exception. See AB367, 77th Legislative Session (2013).[1] In general, Nevada courts will enforce any type… Continue reading Nevada Indemnification Clauses and Additional Insured Endorsements