Garret Murai | California Construction Law Blog In a case that I’m frankly surprised I don’t see more of, the 2nd District Court of Appeal of California examined an indemnity claim by a subcontractor against a general contractor and public entity who mistakenly believed that a construction project did not require the payment of prevailing… Continue reading At the Intersection of Indemnity and Prevailing Wages
Tag: Indemnity
Defining Indemnity in the Context of Actual Cash Value Calculations
Jonathan C. Held and Heidi Hudson Raschke | J.S. Held “The basic premise of traditional property insurance is the concept of indemnity. The insured who suffers a covered loss is entitled to receive full, but not more than full, value for the loss suffered, to be made whole but not be put in a better… Continue reading Defining Indemnity in the Context of Actual Cash Value Calculations
The Contingent Duty to Indemnify
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
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