Risk Shifting: Indemnity & AI Provisions in a Construction Contract

Save this PDF as:
 WORD  PNG  TXT  JPG

Size: px
Start display at page:

Download "Risk Shifting: Indemnity & AI Provisions in a Construction Contract"

Transcription

1 Risk Shifting: Indemnity & AI Provisions in a Construction Contract Wednesday, August 15, 2012 Presented By the IADC Construction Law & Litigation Committee Welcome! The Webinar will begin promptly at 12:00 pm CDT. Please read and follow the below instructions: 1. If you have not already done so, please join the conference call. 2. Mute your phone line. If you do not have a mute button or are on a cell phone, press *1 to mute your phone. 3. If you are on a conference phone, please move all cellular or wireless devices away from the conference phone to avoid audio interference. 4. If you have questions during the presentation, you may utilize the Q&A function at the top of your screen. You may type questions here and it will be sent to the presenter for response. If your question is not answered during the presentation, our presenter will answer questions at the end of the webinar. 5. Visit the Handouts section in the upper-right-hand corner of the screen if you would like to download a copy of this PowerPoint presentation.

2 Click on the Q&A tab on your screen to type a question for the presenters. Click the Handouts tab on your screen to download this PowerPoint and any referenced documents

3 IADC Webinars are made possible by a grant from The Foundation of the IADC. The Foundation of the IADC is dedicated to supporting the advancement of the civil justice system through educational opportunities like these Webinars. For more information on The Foundation, visit

4 Moderator Robert V. Fitzsimmons Rumberger, Kirk & Caldwell Miami, Florida

5 Presenters Gene Backus Backus, Carranza & Burden, Las Vegas, NV Lawrence J. West Johnson, Trent, West & Taylor Houston, TX BACKUS, CARRANZA & BURDEN Attorneys and Counselors at Law

6 INDEMNIFICATION Gene Backus, Esq. BACKUS, CARRANZA & BURDEN Attorneys and Counselors at Law "OUR EXPERIENCE. YOUR VICTORY."

7 What is Indemnity? Indemnity., n. 1. A duty to make good any loss, damage, or liability incurred by another.

8 What does this exactly mean? Indemnity allows persons extinguishing their individual tort liabilities to seek reimbursement in part or in full from other responsible parties.

9 For example.

10 I m tryin ta think, but nuthin happens! Moe a/k/a the indemnitor Curly a/k/a the injured Larry a/k/a the indemnitee

11 COMMON LAW Noncontractual or Equitable Indemnity Elements Impact of economic loss doctrine Contractual Express how to determine scope? Implied which doctrines govern?

12 Elements of Proof - Equitable Indemnitee (Larry) has discharged a legal obligation owed to a third party (Curly); The party from whom it seeks liability (Moe) also was liable to the third party (Curly); and As between the claimant (Larry) and the party from whom it seeks indemnity (Moe), the obligation ought to be discharged by the latter (Moe).

13 Existence of Nexus or Special Relationship In order for one tortfeasor to be in a position of secondary responsibility vis-à-vis another tortfeasor, and thus be entitled to indemnification, there must be a preexisting legal relationship between them, or some duty on the part of the primary tortfeasor to protect the secondary tortfeasor. Moe and Larry have to have nexus/relationship Does Larry have a duty to protect Moe? Does Larry have a pre-existing legal relationship with Moe? Doesn t matter that Moe and Larry both have duty of care to Curly?

14 COMMON LAW Noncontractual or Equitable Indemnity Elements Impact of economic loss doctrine

15 Contractual Indemnity Two parties agree that one party will reimburse the other party for liability resulting from the former s work pursuant to a contractual provision. Who is entitled to enforce such contractual indemnity provision? Indemnitee Third-Party Beneficiary Indemnitee s Assignee Must have an agreement clearly creating a direct obligation to assume such indemnity obligation

16 Broad Form Indemnity Clause The indemnitor assumes any and all liability regardless of fault, even if that liability is due to the indemnitee s sole negligence.

17 Intermediate Form Indemnity Clause Release of indemnitor for the sole negligence of the indemnitee, but indemnitor assumes liability for any joint negligence with the indemnitee no matter the degree of the indemnitee s liability.

18 Limited Form or Comparative Fault Indemnity Clause Mirrors comparative fault laws where the indemnitor is only liable to the extent of its own negligence or fault.

19 AIA A , To the fullest extent permitted by law the Contractor shall indemnify and hold harmless the Owner, Architect, Architect s consultants, and agents and employees of any of them from and against claims, damages, losses and expenses, including but not limited to attorneys fees, arising out of or resulting from performance of the Work, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), but only to the extent caused by the negligent acts or omissions of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist as to a party or person described in this Section 3.18.

20 OTHER CLAUSES & ALTERNATE CLAUSES CONSENSUS DOCS ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE ALTERNATE CONTRACT LANGUAGE LIMIT THE LIABILITY OF THE C OR SC TO ITS INSURED LIMITS REQUIRED UNDER CONTRACT DOCUMENTS EXCLUDE INDEMNIFICATION FOR CERTAIN ACTS OR OMISSIONS OF THE DESIGN PROFESSIONAL THAT ARE NOT INSURABLE REQUIRE THE C TO DEFEND AND INDEMNIFY THE O FOR ALL CLAIMS ARISING OUT OF THE WORK EVEN IF SUCH CLAIMS ARE ECONOMIC LOSSES

21 What about validity of indemnity clauses? If no anti-indemnity statute, analysis of any indemnity clause will be based on common law principles. Usually strict construction

22

23

24 LARRY,is AI our safety line?

25 Additional Insurance What is it? Is a risk shifting method that requires one party to obtain insurance coverage for another party. Named Insured the party whose policy is providing coverage. Additional Insured the party seeking to taking advantage of another party s coverage.

26 How Do You Get It? For AI coverage, you typically need a contract that includes: 1) an indemnity provision, and 2) a requirement to obtain insurance as well as 3) an AI endorsement in the insurance policy.

27 What are the Benefits? Insurance coverage without having to pay insurance premiums. Such coverage does not negatively affect AI s own coverage. No burden of satisfying deductibles. Provides deep pocket in case indemnitor has no assets. Reimbursement for at least a portion of attorney s fees. Provides coverage for AI s own negligence which is particularly important if you live in a State like Texas which prohibits indemnification for one s own negligence

28 Disadvantages for AI If carrier agrees to pick up the defense early on, it may select counsel. The AI may, therefore, lose control over the defense. Limits must be shared among all insureds (i.e., Named Insured and AI).

29 Benefits for the Named Insured Allows transfer of the obligation to defend and indemnify to the insurance company (rather than having to bear the financial burden itself).

30 Disadvantages for Named Insured Erosion of limits shared by Named Insured and Additional Insured. Higher premiums down the road based on loss experience.

31 Contracts Which Typically Include a Provision Requiring AI Coverage Construction contracts GC typically requires subs to identify it as an AI on sub s insurance policies. Vendor/Vendee contracts Vendor typically requires AI coverage on manufacturer s policy. Contracts for equipment leasing Lessor typically requires AI status on Lessee s insurance.

32 Merely Being Identified on the Certificate is Not Effective Appearing on the Certificate of Insurance as a Named Insured does not mean the entity is an Additional Insured. Unless the entity is named in an endorsement, there is no AI status. Thus, a Certificate of Insurance is not proof of insurance. The Certificate of Insurance has in small type that AI coverage requires an endorsement. This Certificate is issued as a matter of information only and confers no rights upon the certificate holder IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. (ACORD Form 25 (2009/09).

33 Tips for Confirming AI Coverage During the honeymoon period immediately after the execution of the contract, the entity wanting AI coverage should request a full copy of the Named Insured s policy. Of course, most insurance companies do not like to turn over a copy of their policy. In that event, at least request the AI endorsements.

34 What Constitutes Timely Notice Obligation The CGL policy typically states that an insured must give notice as soon as practicable of an occurrence that may result in a claim under the policy.

35 Where Should the AI Claim Be Sent The demand for additional insurance must be sent to the Named Insured s carrier. In a construction defect case, an AI claim made by the GC should be sent to the sub s carrier. A courtesy copy should be sent to the sub s attorney (if they have one) or directly to the sub (if they are not represented by counsel). A demand only to the sub s attorney is ineffective. There is no obligation for the sub s lawyer to forward it to the carrier.

36 What Should the AI Demand Say? I recommend including a heading that reads: Demand for Defense and Indemnity to remove any ambiguity. Enclose a copy of the latest petition in the underlying lawsuit. The notice should include a reminder that ABC insurance company furnished CGL coverage to the Named Insured during the relevant time period for the project in question. It should reference the policy number and attach the Certificate of Insurance and actual policy, if available. Finally, the letter should point out that the entity seeking AI coverage was named as an Additional Insured in the policy.

37 ABC Insurance Co. Dear Sir or Madam: RE: Cause No Innocent Owner v. General Contractor DEMAND FOR DEFENSE AND INDEMINTY I am enclosing a copy of Plaintiff s Original Petition in connection with the abovereferenced lawsuit filed against my client General Contractor ( GC ) in connection with the xyz Condo project ( Project ) in Houston, Texas. ABC Insurance Co. ( ABC ) furnished commercial general liability insurance coverage to Evil Subcontractor ( Subcontractor ) from September 1, 2009 to September 1, 2010 under Policy Number L (the Policy ) in connection with the Project. I am attaching ABC s insurance certificate for reference. The GC is an additional insured under the Policy. The Plaintiff alleges that the Project has significant design and construction problems causing significant and continuous water infiltration into the building. Please allow this to serve as the GC s demand for defense and indemnity under the Policy. The GC hereby demands that ABC defend and indemnify the GC against this lawsuit brought by the Plaintiff. Very truly yours,

38 Duty to Defend and Indemnify in Texas Texas Courts have routinely recognized that the duty to defend and the duty to indemnify are separate and distinct duties. Duty to defend is a question of law for the court and is governed by the 8 corners rule (a/k/a the complaint-allegation rule). The 8 corners rule means the Court only looks at two documents: the latest petition and the insurance policy. For a duty to defend, the petition must allege facts that would at least trigger a duty to provide coverage.

39 Can There Be More Than One AI Carrier Yes, there can be multiple AI carriers. In construction defect litigation, it is quite common for the GC to require each of its subs to name it as an AI. If there are four subs and each has an insurance policy naming the GC as an AI, each carrier may share the obligation to defend and indemnify.

40 Gilbane v. Admiral Ins. Co. WL (5 th Cir. 2011) Background facts: Michael Parr was injured while climbing down a ladder on a construction site. His employer (a subcontractor on the job) provided Workers Comp coverage and as a result was insulated from further liability. Parr filed suit against Gilbane Bldg. Co., the GC on the project and Baker Concrete, the company responsible for installing and maintaining the ladders at the site. Parr alleged that Gilbane failed to keep the worksite free of mud which allegedly caused him to slip on the ladder.

41 Gilbane sought coverage as an AI under the CGL policy issued by Admiral Ins. to Parr s employer (the subcontractor). The AI endorsement provided coverage for ongoing operations but only if coverage as an AI is required by written contract or written agreement that is an insured contract and only if the property damage was caused in whole or in part by *employer s acts or omissions+. Admiral denied coverage and Gilbane and Parr settled the underlying lawsuit. Gilbane filed a Dec Action against the employer and Admiral contending Admiral had an obligation to defend and indemnify Gilbane.

42 Admiral argued that because the indemnity agreement in the contract was unenforceable under Texas law, Gilbane was not covered as an AI. District Court rejected this argument finding that the indemnity and insurance provisions were separate clauses that do not reference each other, are not intertwined or interrelated and on their face stand independently as separate obligations. The 5 th Circuit affirmed finding that the indemnity agreement, even though unenforceable met the policies definition of an insured contract and that Gilbane was an additional insured.

43 The 5 th Circuit noted that in the contract agreement, the employer contracted not only to indemnify Gilbane but also to secure insurance on its behalf; by doing so, it agreed to assume Gilbane s tort liability. That provision is not rendered void by the indemnity provision, even if it is unenforceable (Gilbane at 5). Having found that the contract agreement was an insured contract, the Court turned to whether the pleadings against Gilbane were sufficient to trigger the duty to defend. In other words, the Court looked to the 8 corners rule.

44 Conclusion: It may be in the insurance carrier s best interest to accept the defense on the front end in order to control the defense of the underlying litigation so as to minimize any risk of indemnity.

45 Questions for Presenters? Gene Backus Backus, Carranza & Burden, Las Vegas, NV Lawrence J. West Johnson, Trent, West & Taylor Houston, TX BACKUS, CARRANZA & BURDEN Attorneys and Counselors at Law

46 Risk Shifting: Indemnity & AI Provisions in a Construction Contract Wednesday, August 15, 2012 Thank you for Participating! To access the PowerPoint presentation from this or any other IADC Webinar, visit our website under the Members Only page (you must be signed in) and click on Past Webinar Materials, or contact Mary Dannevik at

Know Your Indemnity Obligation Know Your Risk Know Your Insurance Company

Know Your Indemnity Obligation Know Your Risk Know Your Insurance Company Know Your Indemnity Obligation Know Your Risk Know Your Insurance Company by KEVIN R. CARLIN, ESQ. Roadmap Key Points to Take From This Presentation: Type I, Type II &Type III indemnity How to identify

More information

Indemnity Clauses. Just boilerplate, right?

Indemnity Clauses. Just boilerplate, right? Indemnity Clauses Just boilerplate, right? Indemnity The obligation resting on one person to make good any loss or damage another has incurred or may incur by acting at his request or for his benefit,

More information

ATTACHMENT A.6 INSURANCE REQUIREMENTS ROUTINE CONSTRUCTION, MAINTENANCE AND REPAIR PROJECTS

ATTACHMENT A.6 INSURANCE REQUIREMENTS ROUTINE CONSTRUCTION, MAINTENANCE AND REPAIR PROJECTS ATTACHMENT A.6 INSURANCE REQUIREMENTS ROUTINE CONSTRUCTION, MAINTENANCE AND REPAIR PROJECTS Contractor shall obtain insurance of the types and in the amounts listed below. A. COMMERCIAL GENERAL AND UMBRELLA

More information

Risk-Shifting Agreements In Construction Contracts: Why Insurance May Not Work The Way It Used To

Risk-Shifting Agreements In Construction Contracts: Why Insurance May Not Work The Way It Used To Risk-Shifting Agreements In Construction Contracts: Why Insurance May Not Work The Way It Used To David S. White The newer additional-insured clause might leave the owner and subcontractor without the

More information

A&E Briefings. Indemnification Clauses: Uninsurable Contractual Liability. Structuring risk management solutions

A&E Briefings. Indemnification Clauses: Uninsurable Contractual Liability. Structuring risk management solutions A&E Briefings Structuring risk management solutions Spring 2012 Indemnification Clauses: Uninsurable Contractual Liability J. Kent Holland, J.D. ConstructionRisk, LLC Professional consultants are judged

More information

California Senate Bill 474 Impact on Owners & Contractors

California Senate Bill 474 Impact on Owners & Contractors California Senate Bill 474 Impact on Owners & Contractors Beginning January 1, 2013, project owners, general contractors ( GC ), construction managers ( CM ) and any lower tier contractor who employs subcontractors

More information

Indemnification Clauses, Part 1* Discussion from a/e ProNet's Risk Management and Contract Guide. J. Kent Holland, Jr., Esq.

Indemnification Clauses, Part 1* Discussion from a/e ProNet's Risk Management and Contract Guide. J. Kent Holland, Jr., Esq. Indemnification Clauses, Part 1* Discussion from a/e ProNet's Risk Management and Contract Guide J. Kent Holland, Jr., Esq. Issue: Indemnification provisions in contracts may require the design professional

More information

Indemnity and Insurance Provisions in Commercial Contracts

Indemnity and Insurance Provisions in Commercial Contracts Survey Says: The Feud Over Insurance and Indemnity Provisions in Business Contracts Indemnity and Insurance Provisions in Commercial Contracts Kenneth M. Gorenberg Stefan R. Dandelles Indemnity and insurance

More information

CALIFORNIA Strict Indemnity Language. CALIFORNIA Intermediate Indemnity Language

CALIFORNIA Strict Indemnity Language. CALIFORNIA Intermediate Indemnity Language CALIFORNIA Strict Indemnity Language Contractor (Indemnitor) shall indemnify, defend, and hold harmless Authority, its officers, officials, employees, and volunteers from and against any and all liability,

More information

California Civil Code 2782.05

California Civil Code 2782.05 California Civil Code 2782.05 (a) Except as provided in subdivision (b), provisions, clauses, covenants, and agreements contained in, collateral to, or affecting any construction contract and amendments

More information

INSURANCE REQUIREMENTS FOR ALL CITY CONTRACTS

INSURANCE REQUIREMENTS FOR ALL CITY CONTRACTS INSURANCE REQUIREMENTS FOR ALL CITY CONTRACTS 1. GENERAL PROVISIONS A. Indemnification. The Contractor shall indemnify and save harmless the City of Lincoln, Nebraska from and against all losses, claims,

More information

1070, 3.02 INSURANCE REQUIREMENTS: Add the following sentence at the end of 1, 2, and 3: Waiver of Subrogation in favor of CITY is required.

1070, 3.02 INSURANCE REQUIREMENTS: Add the following sentence at the end of 1, 2, and 3: Waiver of Subrogation in favor of CITY is required. INSURANCE REQUIREMENTS FOR CONSTRUCTION PROJECTS Effective Date: April 6, 2015 The contract documents for each construction project will identify the standards specifications to be used for that specific

More information

NPSA GENERAL PROVISIONS

NPSA GENERAL PROVISIONS NPSA GENERAL PROVISIONS 1. Independent Contractor. A. It is understood and agreed that CONTRACTOR (including CONTRACTOR s employees) is an independent contractor and that no relationship of employer-employee

More information

IMPORTANT! - Please use the attached Application for Payment. All payment requests must be submitted on our form. Thank you!

IMPORTANT! - Please use the attached Application for Payment. All payment requests must be submitted on our form. Thank you! ` SUBCONTRACTOR: PHONE PROJECT: LOCATION: Page 1 of 6 SUBCONTRACT (SHORT FORM) JOB NO.: COST CODE: PRICE: This agreement is made and effective, by and between SUN CONSTRUCTION & FACILITY SERVICES, INC.

More information

Indemnity Agreements & California s Crawford Decision: Its Implications and Strategies for Defense

Indemnity Agreements & California s Crawford Decision: Its Implications and Strategies for Defense Indemnity Agreements & California s Crawford Decision: Its Implications and Strategies for Defense Prepared for the Construction Law Section Meeting at the 2011 Annual Meeting of the Federation of Defense

More information

The Duty to Defend Your Client

The Duty to Defend Your Client The Duty to Defend Your Client Implications of Two Recent California Court Decisions and the Impact of SB 972 April 2011 By Jeffrey W. Cavignac, CPCU, ARM, RPLU, CRIS President/Principal, Cavignac & Associates

More information

Contract Guide Course for Design Professionals: Part II

Contract Guide Course for Design Professionals: Part II Contract Guide Course for Design Professionals: Part II Presented by: J. Kent Holland, J.D. ConstructionRisk, LLC Kent@ConstructionRisk.com 703-623-1932 1 AIA Registered Course This program is registered

More information

Best Practices to Minimize Action Over Claims

Best Practices to Minimize Action Over Claims Best Practices to Minimize Action Over Claims David Matthiessen Vice President, Claims Everest National Insurance Company The information presented in this material has been developed from sources believed

More information

MINNESOTA STATE COLLEGES AND UNIVERSITIES General Insurance Requirements for Contractors & Vendors

MINNESOTA STATE COLLEGES AND UNIVERSITIES General Insurance Requirements for Contractors & Vendors Certificate of Liability Insurance, Form ACORD25: Following are the insurance requirements of the State of Minnesota acting through its Board of Trustees of the Minnesota State Colleges and Universities,

More information

United States Workers Compensation/Indemnification Overview

United States Workers Compensation/Indemnification Overview United States Workers Compensation/Indemnification Overview January 18, 2012 Jill Kirila jill.kirila@squiresanders.com Kevin Hess kevin.hess@squiresanders.com 36 Offices in 17 Countries Workers Compensation

More information

INDEPENDENT CONTRACTOR AGREEMENT (On Call Real Estate Broker Services)

INDEPENDENT CONTRACTOR AGREEMENT (On Call Real Estate Broker Services) INDEPENDENT CONTRACTOR AGREEMENT (On Call Real Estate Broker Services) THIS AGREEMENT (Contract") is made this 14th day of December, 2010, between the Board of County Commissioners of Sumter County, Florida

More information

AGREEMENT BETWEEN THE CITY OF BEVERLY HILLS AND VENDOR TBD FOR PURCHASE AND INSTALLATION OF AUTOMATED LICENSE PLATE RECOGNITION SYSTEMS

AGREEMENT BETWEEN THE CITY OF BEVERLY HILLS AND VENDOR TBD FOR PURCHASE AND INSTALLATION OF AUTOMATED LICENSE PLATE RECOGNITION SYSTEMS AGREEMENT BETWEEN THE CITY OF BEVERLY HILLS AND VENDOR TBD FOR PURCHASE AND INSTALLATION OF AUTOMATED LICENSE PLATE RECOGNITION SYSTEMS NAME OF CONTRACTOR: RESPONSIBLE PRINCIPAL OF CONTRACTOR:, Vendor

More information

-1- -2- -3- -4- -5- INSURANCE REQUIREMENTS FOR DEVELOPER EXTENSION AGREEMENTS 1.1 The developer shall obtain and keep in force during the term of the contract, Commercial General Liability insurance policies

More information

Workplace Related Injuries

Workplace Related Injuries Workplace Related Injuries A Discussion of the Relevant Provisions of New York State Labor Law By: WARREN S. KOSTER, ESQ. CALLAN, REGENSTREICH, KOSTER & BRADY ONE WHITEHALL STREET NEW YORK, NEW YORK 10004

More information

REQUEST FOR PROPOSAL OFFICE OF THE NEVADA ATTORNEY GENERAL GRANTEE- FORECLOSURE RELIEF PROGRAM MAY 20, 2011

REQUEST FOR PROPOSAL OFFICE OF THE NEVADA ATTORNEY GENERAL GRANTEE- FORECLOSURE RELIEF PROGRAM MAY 20, 2011 REQUEST FOR PROPOSAL OFFICE OF THE NEVADA ATTORNEY GENERAL GRANTEE- FORECLOSURE RELIEF PROGRAM MAY 20, 2011 SCOPE OF WORK: The Office of the Attorney General (AGO) recently received a settlement from Wells

More information

Marine Insurance Day October 5, 2012 Additional Insureds & Marine Insurance. Joe Grasso and Michael Thompson

Marine Insurance Day October 5, 2012 Additional Insureds & Marine Insurance. Joe Grasso and Michael Thompson Marine Insurance Day October 5, 2012 Additional Insureds & Marine Insurance Joe Grasso and Michael Thompson 1 Agenda General Principles Case Studies Takeaways and Q&A 2 Named Insureds v. Additional Insureds

More information

COMMENTARY. California s New Subcontractor Defense Regime for Non-Residential Projects: Creating Order or Chaos?

COMMENTARY. California s New Subcontractor Defense Regime for Non-Residential Projects: Creating Order or Chaos? May 2013 JONES DAY COMMENTARY California s New Subcontractor Defense Regime for Non-Residential Projects: Creating Order or Chaos? As explained in a recent Commentary (available at http://www.jonesday.com/navigating_treacherous_

More information

THE LIFE OF AN ACCIDENT AND HOW TO HANDLE IT: CASE STUDY

THE LIFE OF AN ACCIDENT AND HOW TO HANDLE IT: CASE STUDY 14 TH ANNUAL RISK MANAGEMENT CONFERENCE THE LIFE OF AN ACCIDENT AND HOW TO HANDLE IT: CASE STUDY Mark Meyer Cal Burnton 1 POTENTIAL PARTIES (DEEP POCKETS) - Eastpointe Airport - owned airport - erected

More information

Construction Defect Action Reform Act

Construction Defect Action Reform Act COLORADO REVISED STATUTES Title 13. Courts and Court Procedure Damages Regulation of Actions and Proceedings Article 20. Actions Part 8. Construction Defect Actions for Property Loss and Damage Construction

More information

INSURANCE REQUIREMENTS FOR VENDORS

INSURANCE REQUIREMENTS FOR VENDORS INSURANCE REQUIREMENTS FOR VENDORS The Contractor/Vendor shall purchase and maintain for the duration of the contract/work insurance against claims for injuries to persons or damages to property which

More information

Risk Transfer: A Strategy to Help Protect Your Business. Risk Control

Risk Transfer: A Strategy to Help Protect Your Business. Risk Control Risk Transfer: A Strategy to Help Protect Your Business Risk Control Businesses rely on crucial relationships with contractors, subcontractors, vendors and consumers. In these relationships, agreements

More information

SHORT FORM STANDARD SUBCONTRACT

SHORT FORM STANDARD SUBCONTRACT SHORT FORM STANDARD SUBCONTRACT This Agreement is made this day of, 20, between (Contractor) and (Subcontractor). The work described in Section I below shall be performed in accordance with the prime contract

More information

INDEPENDENT CONTRACTORS AGREEMENT

INDEPENDENT CONTRACTORS AGREEMENT INDEPENDENT CONTRACTORS AGREEMENT THIS AGREEMENT entered into by and between (hereafter the Contractor ) and the Park District of Highland Park (hereafter Park District ). WHEREAS, Contractor will be performing

More information

Insurance Bulletin. Risk Transfer Techniques. Risk Transfer. Certificates of Insurance

Insurance Bulletin. Risk Transfer Techniques. Risk Transfer. Certificates of Insurance Insurance Bulletin bulletin #2 Risk Transfer Techniques CNA and the NUCA Safety and Risk Management Committee are proud to provide you with this information. We trust that you will find it useful in understanding

More information

Construction Claims Avoidance: Or How to Make Molehills Out of Mountains

Construction Claims Avoidance: Or How to Make Molehills Out of Mountains Construction Claims Avoidance: Or How to Make Molehills Out of Mountains Brian W. Erikson Quilling, Selander, Cummiskey & Lownds, P.C. 2001 Bryan Street, Suite 1800 Dallas, Texas 75210 Telephone: (214)

More information

CALIFORNIA DEPARTMENT OF TRANSPORTATION CONTRACTOR LIABILITY INSURANCE

CALIFORNIA DEPARTMENT OF TRANSPORTATION CONTRACTOR LIABILITY INSURANCE CALIFORNIA DEPARTMENT OF TRANSPORTATION CONTRACTOR LIABILITY INSURANCE The following are excerpts from Caltrans 2010Standard Specifications. Specifications are subject to change so refer to the project

More information

FOR PROPERTY LOSS AND DAMAGE 1

FOR PROPERTY LOSS AND DAMAGE 1 13-20-801. Short title Colorado Revised Statutes Title 13; Article 20; Part 8: CONSTRUCTION DEFECT ACTIONS FOR PROPERTY LOSS AND DAMAGE 1 This part 8 shall be known and may be cited as the Construction

More information

Contractual Risk Allocation in a Post- Macondo Environment

Contractual Risk Allocation in a Post- Macondo Environment Contractual Risk Allocation in a Post- Macondo Environment Michael A. Golemi William W. Pugh Willis 2012 North America Energy Conference May 16, 2012 A Professional Law Corporation New Orleans Lafayette

More information

HOLD HARMLESS, INDEMNITY, SUBROGATION AND ADDITIONAL INSURED INSURANCE IN TRANSPORTATION CONTRACTS

HOLD HARMLESS, INDEMNITY, SUBROGATION AND ADDITIONAL INSURED INSURANCE IN TRANSPORTATION CONTRACTS HOLD HARMLESS, INDEMNITY, SUBROGATION AND ADDITIONAL INSURED INSURANCE IN TRANSPORTATION CONTRACTS By James W. Bryan Nexsen Pruet P.L.L.C. Greensboro, North Carolina 336-373-1600 jbryan@nexsenpruet.com

More information

for Landlords and Tenants Negotiating Insurance, Indemnity and Mutual Waiver of Subrogation Provisions

for Landlords and Tenants Negotiating Insurance, Indemnity and Mutual Waiver of Subrogation Provisions Presenting a live 90 minute webinar with interactive Q&A Commercial Leases: Risk Mitigation Strategies for Landlords and Tenants Negotiating Insurance, Indemnity and Mutual Waiver of Subrogation Provisions

More information

Contractual Indemnification Obligations and Insurance Coverage

Contractual Indemnification Obligations and Insurance Coverage Contractual Indemnification Obligations and Insurance Coverage Joseph Fields Steven H. Weisman McCarter & English, LLP Jacqueline Beaudet Frenkel & Company Contractual Indemnification Business contracts

More information

Contractual Liability and the CGL Policy

Contractual Liability and the CGL Policy Contractual Liability and the CGL Policy May 2002 What is meant by contractual liability and how it actually works is not always well understood. In this new column, Craig Stanovich helps clear up the

More information

Performance Bonds and CGL Insurance In Construction Projects: Navigating the Interplay Between Insurance and Surety

Performance Bonds and CGL Insurance In Construction Projects: Navigating the Interplay Between Insurance and Surety Presenting a live 90-minute webinar with interactive Q&A Performance Bonds and CGL Insurance In Construction Projects: Navigating the Interplay Between Insurance and Surety Minimizing Risks and Maximizing

More information

What You Should Know About General Agreements of Indemnity and Why You Should Know It

What You Should Know About General Agreements of Indemnity and Why You Should Know It What You Should Know About General Agreements of Indemnity and Why You Should Know It Summary When a contractor (for purposes of this discussion, contractor includes subcontractor) first seeks surety credit,

More information

SAMPLE VERBIAGE OF SUBCONTRACT AGREEMENT INSURANCE REQUIREMENTS (PLEASE REFER TO YOUR STRUCTURE HOME SUBCONTRACT AGREEMENT)

SAMPLE VERBIAGE OF SUBCONTRACT AGREEMENT INSURANCE REQUIREMENTS (PLEASE REFER TO YOUR STRUCTURE HOME SUBCONTRACT AGREEMENT) SAMPLE VERBIAGE OF SUBCONTRACT AGREEMENT INSURANCE REQUIREMENTS (PLEASE REFER TO YOUR STRUCTURE HOME SUBCONTRACT AGREEMENT) INSURANCE REQUIREMENTS A. COVERAGE: Subcontractor and its subcontractors and

More information

AGREEMENT BETWEEN THE CITY OF BEVERLY HILLS AND FOR. Attention:

AGREEMENT BETWEEN THE CITY OF BEVERLY HILLS AND FOR. Attention: AGREEMENT BETWEEN THE CITY OF BEVERLY HILLS AND FOR NAME OF CONSULTANT: RESPONSIBLE PRINCIPAL OF CONSULTANT: CONSULTANT'S ADDRESS: Attention: CITY'S ADDRESS: City of Beverly Hills 455 N. Rexford Drive

More information

LAS VEGAS VALLEY WATER DISTRICT

LAS VEGAS VALLEY WATER DISTRICT LAS VEGAS VALLEY WATER DISTRICT INSURANCE/INDEMNITY REQUIREMENTS TO PROVIDE PROFESSIONAL SERVICES Contacts Under $25,000 Page 2 Contracts over $25,000 and under $100,000. Page 3 Contacts Over $100,000

More information

Reverse and Render in part; Affirm in part; Opinion Filed December 29, 2014. In The Court of Appeals Fifth District of Texas at Dallas

Reverse and Render in part; Affirm in part; Opinion Filed December 29, 2014. In The Court of Appeals Fifth District of Texas at Dallas Reverse and Render in part; Affirm in part; Opinion Filed December 29, 2014. S In The Court of Appeals Fifth District of Texas at Dallas No. 05-13-01546-CV OKLAHOMA SURETY COMPANY, Appellant/Cross-Appellee

More information

Indemnity Issues in Product Liability Claims arising from Construction Defect Litigation. Recent Cases

Indemnity Issues in Product Liability Claims arising from Construction Defect Litigation. Recent Cases Indemnity Issues in Product Liability Claims arising from Construction Defect Litigation Recent Cases In a recent decision, the Texas Supreme Court held that a subcontractor is a "seller," under Tex. Civ.

More information

IN THE SUPREME COURT OF TEXAS

IN THE SUPREME COURT OF TEXAS IN THE SUPREME COURT OF TEXAS 444444444444 NO. 11-0425 444444444444 PETROLEUM SOLUTIONS, INC., PETITIONER, v. BILL HEAD D/B/A BILL HEAD ENTERPRISES AND TITEFLEX CORPORATION, RESPONDENTS 4444444444444444444444444444444444444444444444444444

More information

CONTRACTUAL AND INSURANCE RELATED RISK SHIFTING TOOLS

CONTRACTUAL AND INSURANCE RELATED RISK SHIFTING TOOLS CONTRACTUAL AND INSURANCE RELATED RISK SHIFTING TOOLS P R E S E N TED TO THE A S S O C I AT I O N O F C O R P O R AT E C O U N S E L A P R I L 3, 2 0 1 2 J O S E P H L. P E L L I S I I J P E L L I S @

More information

In The Court of Appeals Fifth District of Texas at Dallas. No. 05-12-01365-CV

In The Court of Appeals Fifth District of Texas at Dallas. No. 05-12-01365-CV REVERSE and REMAND; and Opinion Filed April 3, 2015. S In The Court of Appeals Fifth District of Texas at Dallas No. 05-12-01365-CV UNITED MEDICAL SUPPLY COMPANY, INC., Appellant V. ANSELL HEALTHCARE PRODUCTS,

More information

A. For the consideration agreed below to be paid to Contractor by City, Contractor shall provide

A. For the consideration agreed below to be paid to Contractor by City, Contractor shall provide STATE OF TEXAS CONTRACT FOR SERVICES COUNTY OF DALLAS THIS CONTRACT is made and entered into by and between the CITY OF DALLAS, a Texas municipal corporation, located in Dallas County, Texas (hereinafter

More information

Professional Practice 544

Professional Practice 544 February 15, 2016 Professional Practice 544 Tort Law and Insurance Michael J. Hanahan Schiff Hardin LLP 233 S. Wacker, Ste. 6600 Chicago, IL 60606 312-258-5701 mhanahan@schiffhardin.com Schiff Hardin LLP.

More information

NAMING OTHER PARTIES AS ADDITIONAL INSUREDS. Roofing contractors typically are required to name owners, general contractors, property

NAMING OTHER PARTIES AS ADDITIONAL INSUREDS. Roofing contractors typically are required to name owners, general contractors, property NAMING OTHER PARTIES AS ADDITIONAL INSUREDS INTRODUCTION Roofing contractors typically are required to name owners, general contractors, property managers, architects and others as additional insureds

More information

To Be or Not to Be An Additional Insured or Certificate Holder

To Be or Not to Be An Additional Insured or Certificate Holder To Be or Not to Be An Additional Insured or Certificate Holder Henry E. Seaton, Esq. Seaton & Husk, L.P. 2240 Gallows Road, Vienna, VA 22182 www.transportationlaw.net 703-573-0700 1 Caveat An insurance

More information

Obtaining Indemnity Through Effective Tender Letters

Obtaining Indemnity Through Effective Tender Letters Page 1 of 5 Portfolio Media. Inc. 648 Broadway, Suite 200 New York, NY 10012 www.law360.com Phone: +1 212 537 6331 Fax: +1 212 537 6371 customerservice@portfoliomedia.com Obtaining Indemnity Through Effective

More information

IDC Member Insurance Program brought to you by LMS PROLINK Ltd.

IDC Member Insurance Program brought to you by LMS PROLINK Ltd. IDC Member Insurance Program brought to you by LMS PROLINK Ltd. Protecting You and Your Clients LMS PROLINK Ltd. Tel 416.644.7717 480 University Avenue, Toll Free 800.663.6828 Suite 800 Toronto ON Fax

More information

In Defense of Insured Contracts

In Defense of Insured Contracts In Defense of Insured Contracts July 2007 The term "insured contract" certainly sounds reassuring. As the definition of "insured contract" lists not only certain contracts or agreements (contract for the

More information

Indemnities and Endorsements Protecting the Owner and Developer

Indemnities and Endorsements Protecting the Owner and Developer Indemnities and Endorsements Protecting the Owner and Developer Click to edit Master title style Update on Indemnification, Anti-Indemnity Statutes and Additional Insured Endorsements CoreNet Global Network

More information

AGREEMENT FOR FINANCIAL AND ACCOUNTING CONSULTATION SERVICES

AGREEMENT FOR FINANCIAL AND ACCOUNTING CONSULTATION SERVICES AGREEMENT FOR FINANCIAL AND ACCOUNTING CONSULTATION SERVICES THIS AGREEMENT is made as of December 1, 2003, by and between the San Francisquito Creek Joint Powers Authority, a body corporate and politic

More information

Payment and Performance Surety Bonds in Construction Projects: Perspectives of Owners, Contractors and Sureties

Payment and Performance Surety Bonds in Construction Projects: Perspectives of Owners, Contractors and Sureties Presenting a live 90-minute webinar with interactive Q&A Payment and Performance Surety Bonds in Construction Projects: Perspectives of Owners, Contractors and Sureties Asserting and Defending Surety Bond

More information

FOSTER PARENT LIABILITY PROGRAM

FOSTER PARENT LIABILITY PROGRAM FOSTER PARENT LIABILITY PROGRAM I. THE PROGRAM The following provisions set forth the exclusive terms and conditions of the State of New Jersey's Foster Parent Liability Program (hereinafter referred to

More information

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION CINCINNATI INSURANCE COMPANY, Plaintiff, v. No. 4:01 CV 726 DDN VENETIAN TERRAZZO, INC., Defendant. DECLARATORY JUDGMENT Pursuant

More information

Kentucky Department of Education Version of Document A312 2010

Kentucky Department of Education Version of Document A312 2010 Kentucky Department of Education Version of Document A312 2010 Performance Bond CONTRACTOR: (Name, legal status and address) SURETY: (Name, legal status and principal place of business) OWNER: (Name, legal

More information

Case 3:13-cv-00054 Document 120 Filed in TXSD on 05/04/15 Page 1 of 7 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS GALVESTON DIVISION ORDER

Case 3:13-cv-00054 Document 120 Filed in TXSD on 05/04/15 Page 1 of 7 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS GALVESTON DIVISION ORDER Case 3:13-cv-00054 Document 120 Filed in TXSD on 05/04/15 Page 1 of 7 This case is being reviewed for possible publication by American Maritime Cases, Inc. ( AMC ). If this case is published in AMC s book

More information

MEMORANDUM OF UNDERSTANDING BETWEEN RIVERSIDE COMMUNITY COLLEGE DISTRICT and CITY OF RIVERSIDE

MEMORANDUM OF UNDERSTANDING BETWEEN RIVERSIDE COMMUNITY COLLEGE DISTRICT and CITY OF RIVERSIDE MEMORANDUM OF UNDERSTANDING BETWEEN RIVERSIDE COMMUNITY COLLEGE DISTRICT and CITY OF RIVERSIDE THIS MEMORANDUM OF UNDERSTANDING ( MOU ) is made and entered into this day of, 2012 ( Effective Date ), by

More information

NORTHERN CALIFORNIA SCHOOLS INSURANCE GROUP

NORTHERN CALIFORNIA SCHOOLS INSURANCE GROUP NORTHERN CALIFORNIA SCHOOLS INSURANCE GROUP Insurance Recommendations for Consultant Contracts For contracts providing professional services by Accountants, Architects, Attorneys, Counselors, Consultants,

More information

CLAIMS AGAINST TRANSLATORS: THE TRILOGY OF PREVENTION, HANDLING AND RESOLUTION PART ONE: PREVENTION AND MITIGATION

CLAIMS AGAINST TRANSLATORS: THE TRILOGY OF PREVENTION, HANDLING AND RESOLUTION PART ONE: PREVENTION AND MITIGATION CLAIMS AGAINST TRANSLATORS: THE TRILOGY OF PREVENTION, HANDLING AND RESOLUTION PART ONE: PREVENTION AND MITIGATION Martin M. Ween, Esq. Partner Wilson, Elser, Moskowitz, Edelman & Dicker, LLP 150 E. 42

More information

INDEPENDENT CONTRACTOR AGREEMENT (ICA)

INDEPENDENT CONTRACTOR AGREEMENT (ICA) INDEPENDENT CONTRACTOR AGREEMENT (ICA) (This agreement is not a construction contract within the meaning of Civil Code section 2783, and is not an agreement for the provision of construction services within

More information

Introduction to Directors and Offi cers Liability Insurance

Introduction to Directors and Offi cers Liability Insurance CHAPTER 1 Martin J. O Leary Introduction to Directors and Offi cers Liability Insurance The following is a brief, general overview of coverage afforded under the Directors and Officers Liability Insurance

More information

The Insurance Coverage Law Information Center

The Insurance Coverage Law Information Center The following article is from National Underwriter s latest online resource, FC&S Legal: The Insurance Coverage Law Information Center. The Insurance Coverage Law Information Center LIABILITY CLAIMS COSTS

More information

Allocating Defense Costs Among Multiple Insurers and Between Covered and Uncovered Claims

Allocating Defense Costs Among Multiple Insurers and Between Covered and Uncovered Claims Presenting a live 90-minute webinar with interactive Q&A Allocating Defense Costs Among Multiple Insurers and Between Covered and Uncovered Claims Methods of Allocation Among Insurers and Allocation to

More information

Are You Covered? Understanding Vendor Endorsements and Harmonizing Risk Transfer Arrangements. Kevin B. Dreher & Jennifer D. Katz Reed Smith LLP

Are You Covered? Understanding Vendor Endorsements and Harmonizing Risk Transfer Arrangements. Kevin B. Dreher & Jennifer D. Katz Reed Smith LLP Are You Covered? Understanding Vendor Endorsements and Harmonizing Risk Transfer Arrangements July 14, 2015 Kevin B. Dreher & Jennifer D. Katz Reed Smith LLP Program Overview 1. How to Transfer Risk and

More information

IN THE SUPREME COURT OF TEXAS

IN THE SUPREME COURT OF TEXAS IN THE SUPREME COURT OF TEXAS NO. 13-1006 IN RE ESSEX INSURANCE COMPANY, RELATOR ON PETITION FOR WRIT OF MANDAMUS PER CURIAM Rafael Zuniga sued San Diego Tortilla (SDT) for personal injuries and then added

More information

IN THE COURT OF COMMON PLEAS FIRST JUDICIAL DISTRICT OF PENNSYLVANIA CIVIL TRIAL DIVISION

IN THE COURT OF COMMON PLEAS FIRST JUDICIAL DISTRICT OF PENNSYLVANIA CIVIL TRIAL DIVISION IN THE COURT OF COMMON PLEAS FIRST JUDICIAL DISTRICT OF PENNSYLVANIA CIVIL TRIAL DIVISION ACE PROPERTY & CASUALTY INSURANCE COMPANY, et al, NOVEMBER TERM, 2010 Plaintiff, No. 02290 v. R & Q REINSURANCE

More information

2014 IL App (1st) 133931

2014 IL App (1st) 133931 2014 IL App (1st) 133931 SECOND DIVISION September 9, 2014 No. 1-13-3931 MT. HAWLEY INSURANCE COMPANY, ) ) Appeal from the Plaintiff-Appellee, ) Circuit Court of ) Cook County. v. ) ) CERTAIN UNDERWRITERS

More information

Think Like a Plaintiffs Lawyer

Think Like a Plaintiffs Lawyer Think Like a Plaintiffs Lawyer Wednesday, April 29, 2015 Presented By the IADC Trial Techniques and Tactics Committee Welcome! The Webinar will begin promptly at 12:00 pm CDT. Please read and follow the

More information

CAMBRIDGE PROPERTY & CASUALTY SPECIAL REPORT

CAMBRIDGE PROPERTY & CASUALTY SPECIAL REPORT CAMBRIDGE PROPERTY & CASUALTY SPECIAL REPORT MANAGING THE RISK OF INDEPENDENT CONTRACTORS WORKING IN YOUR BUILDING This Special Report was written by Daniel P. Hale, J.D., CPCU, ARM, CRM, LIC, AIC, AIS,

More information

Subrogation and Liens: Basic Principles and Practical Considerations. Brandon E. Berg Thompson, Coe, Cousins & Irons, L.L.P.

Subrogation and Liens: Basic Principles and Practical Considerations. Brandon E. Berg Thompson, Coe, Cousins & Irons, L.L.P. Subrogation and Liens: Basic Principles and Practical Considerations Brandon E. Berg Thompson, Coe, Cousins & Irons, L.L.P. Houston, Texas Texas Hospital Lien Statute Texas Property Code gives a hospital

More information

Independent Contractor Agreement. Name of Contractor: Address: Social Security or Tax I.D. Number:

Independent Contractor Agreement. Name of Contractor: Address: Social Security or Tax I.D. Number: HOFSTRA UNIVERSITY Name of Contractor: Address: Social Security or Tax I.D. Number: Independent Contractor Agreement THIS INDEPENDENT CONTRACTOR AGREEMENT (together with any attachments referred to below,

More information

FACILITIES USE AGREEMENT

FACILITIES USE AGREEMENT FACILITIES USE AGREEMENT Effective Date: Sponsor: Sponsor Address: Facility: THIS FACILITIES USE AGREEMENT ( Agreement ) is effective as of the Effective Date set forth above, by and between Temple University

More information

Love Me Tender. A Primer on Indemnification, Insurance and Related Issues and Tips to Aid in Obtaining the Coverage you Bargained for in that Contract

Love Me Tender. A Primer on Indemnification, Insurance and Related Issues and Tips to Aid in Obtaining the Coverage you Bargained for in that Contract Love Me Tender A Primer on Indemnification, Insurance and Related Issues and Tips to Aid in Obtaining the Coverage you Bargained for in that Contract Jennifer K. Mason jmason@clarkhill.com Christopher

More information

AIA Document A312 - Electronic Format. Performance Bond

AIA Document A312 - Electronic Format. Performance Bond AIA Document A312 - Electronic Format Performance Bond THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES: CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION

More information

Bond Form Commentary and Comparison

Bond Form Commentary and Comparison Bond Form Commentary and Comparison AIA Document A310 2010, Bid Bond, and AIA Document A312 2010, Performance Bond and Payment Bond INTRODUCTION Since the first publication of The Standard Form of Bond

More information

SPECIAL REPORT MANAGING THE RISK OF INDEPENDENT CONTRACTORS WORKING IN YOUR BUILDING

SPECIAL REPORT MANAGING THE RISK OF INDEPENDENT CONTRACTORS WORKING IN YOUR BUILDING SPECIAL REPORT MANAGING THE RISK OF INDEPENDENT CONTRACTORS WORKING IN YOUR BUILDING (04-04-14) This Special Report was written by Daniel P. Hale, J.D., CPCU, ARM, CRM, LIC, AIC, AIS, API of Marsh & McLennan

More information

PROFESSIONAL LIABILITY INSURANCE COVERAGE

PROFESSIONAL LIABILITY INSURANCE COVERAGE Management Advisory 2002,Victor O. Schinnerer & Company, Inc. The information presented here is for risk management guidance. It is not legal advice nor should it be construed to be a determination on

More information

NEW YORK CONSTRUCTION CERTIFICATE OF LIABILITY INSURANCE ADDENDUM

NEW YORK CONSTRUCTION CERTIFICATE OF LIABILITY INSURANCE ADDENDUM AGENCY CUSTOMER ID: NEW YORK CONSTRUCTION CERTIFICATE OF LIABILITY INSURANCE ADDENDUM DATE (MM/DD/YYYY) THIS ADDENDUM SUMMARIZES SOME OF THE POLICY PROVISIONS IN THE REFERENCED INSURANCE POLICIES AND IS

More information

22 ND ANNUAL COOPER & SCULLY, P.C. INSURANCE SEMINAR

22 ND ANNUAL COOPER & SCULLY, P.C. INSURANCE SEMINAR 22 ND ANNUAL COOPER & SCULLY, P.C. INSURANCE SEMINAR MAY 27, 2015 Jon Hlavinka Cooper & Scully, P.C. 815 Walker Street, Suite 1040 Houston, TX 77002 Telephone: 713-236 236-68106810 Telecopy: 713-236 236-68806880

More information

Sterling Education Seminar. Liability Insurance: How Insurance is Written and Why You Need to Know. Alexandrea L. Isaac Hartford, CT Sept.

Sterling Education Seminar. Liability Insurance: How Insurance is Written and Why You Need to Know. Alexandrea L. Isaac Hartford, CT Sept. Sterling Education Seminar Liability Insurance: How Insurance is Written and Why You Need to Know Alexandrea L. Isaac Hartford, CT Sept. 20, 2011 The Insurance Contract Contract between the insurance company

More information

Managing Construction Risk through Commercial General Liability Insurance

Managing Construction Risk through Commercial General Liability Insurance View the online version at http://us.practicallaw.com/8-574-8645 Managing Construction Risk through Commercial General Liability Insurance ADAM P. HANDFINGER, PECKAR & ABRAMSON, P.C. AND ALEJANDRA EVANS,

More information

CITY OF SHERWOOD Independent Contractor Agreement (for Personal Services or for Public Works under $25,000)

CITY OF SHERWOOD Independent Contractor Agreement (for Personal Services or for Public Works under $25,000) CITY OF SHERWOOD Independent Contractor Agreement (for Personal Services or for Public Works under $25,000) Dated: Parties: City of Sherwood ( CITY ) 20 NW Washington Street Sherwood, Oregon 97140 And

More information

INSURANCE & INDEMNIFICATION

INSURANCE & INDEMNIFICATION INSURANCE & INDEMNIFICATION Insurance Defense For over 15 years, Pashman Stein has provided legal representation to insureds in all types of litigation, including negligence, personal injury, construction,

More information

SERVICE PROVIDER AGREEMENT WITNESSETH. WHEREAS, the COUNTY desires to obtain the services of said PROVIDER as further described herein referred to as

SERVICE PROVIDER AGREEMENT WITNESSETH. WHEREAS, the COUNTY desires to obtain the services of said PROVIDER as further described herein referred to as SERVICE PROVIDER AGREEMENT This SERVICE PROVIDER AGREEMENT is made and entered into this day of, 20, between the Board of County Commissioners of LEE COUNTY, a political subdivision of the STATE OF FLORIDA

More information

Managing Liability Risks Posed by Independent Contractors http://delvacca.acc.com

Managing Liability Risks Posed by Independent Contractors http://delvacca.acc.com USING CONTRACTORS? Managing Liability Risks Posed by Independent Contractors http://delvacca.acc.com Panel Jonathan H. Spergel, Esq. Manko, Gold, Katcher & Fox, LLP Christopher D. Ball, Esq. Manko, Gold,

More information

Indemnity and Insurance Issues in Commercial Leases and Related Agreements

Indemnity and Insurance Issues in Commercial Leases and Related Agreements Indemnity and Insurance Issues in Commercial Leases and Related Agreements Gary Rachlin William W. Pugh ACC Houston Chapter Meeting May 8, 2012 A Professional Law Corporation New Orleans Lafayette Houston

More information

Exhibit D CRANE AUCTION INDEMNIFICATION AND INSURANCE REQUIREMENTS

Exhibit D CRANE AUCTION INDEMNIFICATION AND INSURANCE REQUIREMENTS Exhibit D CRANE AUCTION INDEMNIFICATION AND INSURANCE REQUIREMENTS The insurance requirements below are dependent on the actions to be taken by the successful vendor(s) following the Port of Los Angeles

More information

Insurance Coverage Issues for Products Manufactured by Foreign Companies

Insurance Coverage Issues for Products Manufactured by Foreign Companies Insurance Coverage Issues for Products Manufactured by Foreign Companies James S. Carter August 2010 TABLE OF CONTENTS Page I. INTRODUCTION...1 II. COVERAGE PROVISIONS...1 A. Duty to Defend...1 B. Duty

More information

EDUCATION (K-12) OWNER INSURED CONSTRUCTION PROJECTS

EDUCATION (K-12) OWNER INSURED CONSTRUCTION PROJECTS EDUCATION (K-12) OWNER INSURED CONSTRUCTION PROJECTS Insurance and Indemnification Clauses (to be included in Supplementary Conditions to the CCDC 2 2008 Contracts for Education (K-12) projects insured

More information

Sterling Education Seminar. Business Liability Insurance. Alexandrea L. Isaac Hartford, CT Sept. 20, 2011

Sterling Education Seminar. Business Liability Insurance. Alexandrea L. Isaac Hartford, CT Sept. 20, 2011 Sterling Education Seminar Business Liability Insurance Alexandrea L. Isaac Hartford, CT Sept. 20, 2011 Various Types: Commercial Property Owner s Liability Policy Products Liability Policy Commercial

More information