Risk Shifting: Indemnity & AI Provisions in a Construction Contract
|
|
- Sheena Phelps
- 8 years ago
- Views:
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 mdannevik@iadclaw.org.
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 informationIndemnity 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 informationHow To Defend An Employee Against An Employee In A Construction Accident
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 informationATTACHMENT 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 informationA&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 informationIndemnification 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 informationIndemnity 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 informationCalifornia 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 informationCALIFORNIA 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 informationCalifornia 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 informationNPSA 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 informationINSURANCE 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 informationIMPORTANT! - 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 informationThe 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 informationUnited 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 informationIndemnity 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 information1070, 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 informationContract 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-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 informationConstruction 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 informationBest 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 informationRisk 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 informationINDEPENDENT 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 informationFOR 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 informationTHE 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 informationINSURANCE 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 informationMINNESOTA 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 informationInsurance 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 informationContractual 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 informationAGREEMENT 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 informationIDC 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 informationMarine 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 informationCOMMENTARY. 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 informationINDEPENDENT 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 informationPerformance 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 informationWorkplace 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 informationContractual 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 informationREQUEST 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 informationConstruction 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 informationCONTRACTUAL 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 informationContractual 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 informationfor 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 informationIndemnity 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 informationIN 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 informationAGREEMENT 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 informationHOLD 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 informationIn 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 informationThink 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 informationSAMPLE 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 informationCALIFORNIA 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 informationReverse 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 informationLAS 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 informationObtaining 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 informationTo 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 informationUNITED 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 informationProfessional 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 informationIN 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 informationPayment 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 informationBond 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 informationWhat 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 informationAnti-Indemnity Statutes and Contractual Indemnification for Construction Contracts
Anti-Indemnity Statutes and Contractual Indemnification for Construction Contracts Contractual indemnity agreements transfer risk by providing for a third party to compensate another for losses or damages
More informationCase 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 informationKentucky 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 informationIn 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 information2014 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 informationNAMING 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 informationCase 8:13-cv-00295-EAK-TGW Document 145 Filed 02/12/15 Page 1 of 12 PageID 5551 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION
Case 8:13-cv-00295-EAK-TGW Document 145 Filed 02/12/15 Page 1 of 12 PageID 5551 SUMMIT CONTRACTORS, INC., Plaintiff, UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION v. CASE NO. 8:13-CV-295-T-17TGW
More informationAre 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 informationExhibit 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 informationADDITIONAL INSURED STATUS: RECOGNIZING COVERAGE RISKS. by Todd Rossi and Mark Mese
ADDITIONAL INSURED STATUS: RECOGNIZING COVERAGE RISKS by Todd Rossi and Mark Mese I. INTRODUCTION Those with business relationships with an insured often seek to protect themselves from liability that
More informationThe Hold Harmless Agreement and the CGL
The Hold Harmless Agreement and the CGL Since most insurance agents are not attorneys, dealing with the contractual liability exposure and coverage is a bewildering and intimidating prospect. To make matters
More informationINDEPENDENT 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 informationReed Armstrong Quarterly
Reed Armstrong Quarterly January 2009 http://www.reedarmstrong.com/default.asp Contributors: William B. Starnes II Tori L. Cox IN THIS ISSUE: Joint and Several Liability The Fault of Settled Tortfeasors
More informationNORTHERN 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 informationHow To Work With The City Of Riverhead
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 informationCAMBRIDGE 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 informationA. 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 informationAGREEMENT 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 informationIndemnity 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 informationManaging 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 informationSPECIAL 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 informationNEW YORK NY GENERAL OBLIGATIONS LAW 5-1701 5-1709 TITLE 17 STRUCTURED SETTLEMENT PROTECTION ACT
NEW YORK NY GENERAL OBLIGATIONS LAW 5-1701 5-1709 TITLE 17 STRUCTURED SETTLEMENT PROTECTION ACT 5-1701. Definitions. For purposes of this title: a. "Annuity issuer" means an insurer that has issued an
More informationINSURANCE & 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 information22 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 informationAIA 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 informationAllocating 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 informationThe 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 informationIN 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 informationINSURANCE COVERAGE HOW TO GET PAID. Henry Moore 512.477.1663 henry@moorelegal.net. Advanced Personal Injury - State Bar of Texas
INSURANCE COVERAGE HOW TO GET PAID Advanced Personal Injury - State Bar of Texas Henry Moore 512.477.1663 henry@moorelegal.net Auto Homeowners Commercial (CGL) Auto Auto covers: -The named insured -Family
More informationCLAIMS 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 informationIntroduction 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 informationMemorandum Potentially Affected AIA Contract Documents AIA Document A105 2007 AIA Document B105 2007 Important Information
Memorandum Important information related to requirements of state or local laws to include additional provisions in residential construction contracts Potentially Affected AIA Contract Documents AIA Document
More informationEverything You Ever Wanted to Know About CGL Contractual Liability Issues in the Construction Industry. Presented by
Everything You Ever Wanted to Know About CGL Contractual Liability Issues in the Construction Industry Presented by Craig F. Stanovich, CPCU, CIC, CRM, AU Austin & Stanovich Risk Managers LLC 1174 Main
More informationIndependent 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 informationFOSTER 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 informationSERVICE 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 informationManaging 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 informationInsurance 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 informationConstruction Defect Coverage Recap For 1st Quarter
Portfolio Media. Inc. 860 Broadway, 6th Floor New York, NY 10003 www.law360.com Phone: +1 646 783 7100 Fax: +1 646 783 7161 customerservice@law360.com Construction Defect Coverage Recap For 1st Quarter
More informationSubrogation 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