Jeffrey Cavignac | Construction Executive One of the most important provisions in a construction contract is the indemnity provision. An indemnity provision, which usually includes a requirement to hold harmless and defend another party, is included in nearly all construction contracts. Generally speaking, the upstream party (a general contractor or owner, for example) is attempting… Continue reading Understand Agreements in Hold Harmless and Indemnity Provisions
Tag: Indemnity Provision
Indemnity Provision Prevails Over “Other Insurance” Clause
Tred R. Eyerly | Insurance Law Hawaii The Second Circuit predicted that the New York appellate courts would find the contractual indemnity provision prevailed over the application of an “other insurance” provisions. Cent. Sur. Co. v. Metro. Transit Auth., 2021 U.S. App. LEXIS 29860 (2nd Cir. Oct. 5,2021). Long Island Railroad (LIRR)… Continue reading Indemnity Provision Prevails Over “Other Insurance” Clause
Insurance Policies and Indemnity Provisions Are Not the Same
Garret Murai | California Construction Law Blog Just because you own a pair of Air Jordans doesn’t make you Michael Jordan. In the next case, Carter v. Pulte Home Corporation, Case No. A154757 (July 23, 2020), the 1st District Court of Appeal denied an insurance carrier’s equitable subrogation claim explaining that an insurer’s obligations under its… Continue reading Insurance Policies and Indemnity Provisions Are Not the Same
It’s All About the Equities. Indemnity Provision Survives Anti-SLAPP Motion
Garret Murai | California Construction Blog In our last post, Heads I Win, Tails You Lose. Court Finds Indemnity Provision Went Too Far, we discussed a case in which a project owner tried to use a contractual indemnity provision to require the principal of its contractor to defend and indemnify the project owner from the contractor’s… Continue reading It’s All About the Equities. Indemnity Provision Survives Anti-SLAPP Motion
Indemnify is a Funny Word Carrying Historical Baggage—Be Aware and Use with Care
Glenn West | Weil, Gotshal & Manges Despite the proliferation of R&W insurance as the sole recourse for buyers with respect to sellers’ breach of representations and warranties, an indemnification remedy against sellers (subject to a cap) continues to find its way into many private company acquisition agreements. Indemnification, as a concept, originated in the… Continue reading Indemnify is a Funny Word Carrying Historical Baggage—Be Aware and Use with Care