Timothy P. Law | Reed Smith An insurance company’s defense obligation carries with it a conditional obligation to indemnify in the event the policyholder is held liable for a claim covered by the policy. When a case is resolved by settlement, prior to findings of fact on which an analysis of coverage could be based,… Continue reading The Contingent Duty to Indemnify
Tag: Indemnity
Construction Litigation Roundup: “Who Needs Them”
Daniel Lund III | Phelps Dunbar Who needs them? So argued a surety pursuing recovery under its general agreement of indemnity when the indemnitors urged a Louisiana federal court to dismiss the surety’s complaint for failure to join various allegedly required parties as defendants in the litigation. As part of its court action, the surety… Continue reading Construction Litigation Roundup: “Who Needs Them”
A Recent Oregon Court of Appeals Decision Bears on Insurance Coverage for Repair of Construction Defects
Laurie Hager | Snell & Wilmer In a February 15, 2023 decision in Twigg v. Admiral Insurance Company, the Oregon Court of Appeals held that an insurance company was not required to indemnify its insured based on a claim for breach of a repair agreement that settled underlying construction defect claims. As background, the Twiggs hired… Continue reading A Recent Oregon Court of Appeals Decision Bears on Insurance Coverage for Repair of Construction Defects
Construction Litigation Roundup: “… and the Kitchen Sink!”
Daniel Lund III | Phelps Dunbar … and the kitchen sink! In a case that is a roadmap to recovery for a surety against individual indemnitors, the individual indemnitors resisted their indemnity obligations asserting – unsuccessfully – every possible defense imaginable. The indemnitors had all signed an indemnity agreement with the surety, which wrote a… Continue reading Construction Litigation Roundup: “… and the Kitchen Sink!”
Don’t Be Lazy With Your Tenders of Defense and Indemnity
Richard G. Erickson | Snell & Wilmer Our construction clients may spend significant time, money, and effort refining and updating their contract provisions covering indemnification and the duty to defend claims. Consider spending an appropriate and adequate amount of time, money, and effort when sending notices, or “tenders,” to enforce those critical provisions. Tenders demanding… Continue reading Don’t Be Lazy With Your Tenders of Defense and Indemnity