M. Carter Crow THE HOUSTON President Houston Bar Association. inside... Volume 52 Number 1 July/August 2014

Size: px
Start display at page:

Download "M. Carter Crow THE HOUSTON. 2014-2015 President Houston Bar Association. inside... Volume 52 Number 1 July/August 2014"

Transcription

1 inside... Don t Call It a Trial : What Litigators Should Know About Arbitration Drafting and Interpreting Indemnity Agreements: Living Forward, Understanding Backwards Stopgap Sanctuary: Temporary Protected Status and the Syrian Conflict HBA Annual Meeting Interview with New President M. Carter Crow lawyer Volume 52 Number 1 July/August 2014 THE HOUSTON M. Carter Crow President Houston Bar Association

2 By Preston D. Hutson Drafting and Interpreting Indemnity Agreements: Living Forward, Understanding Backwards Black s Law Dictionary defines indemnity as one s obligation to make good any loss, damage or liability incurred by another to a third party. 1 Typically, this obligation arises within a larger contract, within which the indemnitor contractually assumes responsibility for injuries later sustained by a third party and who, therefore, promises to reimburse the other contracting entities that may be secondarily liable for the given injuries. In the abstract, the concept of indemnity radiates benignity a simple understanding between two entities that upon the occurrence of a condition, Party X will indemnify Party Y. Indeed, drafting indemnity provisions appears to require no special education or skill, their comprehension being well within the capability of anyone able to read the provision and give effect to its terms by applying their ordinary, popular and commonly-accepted meaning. 2 While many lawyers often pretend that indemnity agreements are encrypted in legal jargon and that we alone hold the key to their use and understanding, it remains a poorly guarded secret that nothing inherent to indemnity agreements makes their interpretation the exclusive prerogative of the legal profession. In fact, non-lawyers find these pretentions off-putting, believing that lawyers needlessly frustrate contractual negotiations. Undoubtedly many have encountered the ill-concealed contempt of prospective clients brashly rejecting the need for legal services, as a friend once exclaimed, I am an engineer paid to negotiate construction contracts involving millions of dollars and I certainly comprehend English well enough to understand a simple indemnity clause. Life can only be understood backwards, but it must be lived forwards. 3 While acknowledging that most educated and reasonably sophisticated persons can readily understand indemnity agreements in the abstract, my friend s contempt for legal services ignores the brilliance of Kierkegaard s maxim and reflects his naïve belief that the mutual cordiality of two parties living forward to a prospective contract continues throughout its execution. He fails to temper his expectancy with the practical reality that while indemnity agreements are written, considered and initially understood living forwards, i.e., their authors are looking prospectively onto the black and white possibility of some future event, the agreement will necessarily be interpreted and understood backwards, i.e., after an event has occurred. Retrospective interpretation often clouds a once black-andwhite agreement into varying shades of grey. Where flexible, forward-looking negotiators might once have agreed suddenly gives way to the hard reality that preferring one interpretation over another carries costly consequences. Thus, while my friend might feel comfortable negotiating a given indemnity agreement that reflects his common understanding, he should temper that comfort with the practical understanding that if disputed, his common understanding might evaporate within the crucible that is litigation. We undertake this study of indemnity agreements with Kierkegaard s maxim ringing in our ears. At its conclusion, the reader should leave armed with a general framework from which to read and interpret indemnity agreements over and above the reader s ability to comprehend the English language. To begin, it is necessary to differentiate three types of indemnity agreements, which may be distinguished by the breadth of the indemnitor s obligation to make good losses, damages or liabilities incurred by a third party: 1. Limited form a limited indemnity clause obliges the indemnitor to make good those losses, damages 18 July/August 2014 thehoustonlawyer.com

3 or liabilities arising from the indemnitor s negligence or fault. Simply stated, the indemnitor must cover only those liabilities it caused. 2. Intermediate form distinguished from the limited form clause because it obliges the indemnitor to make good those losses, damages or liabilities arising out of the indemnitee s concurrent or partial negligence. Simply stated, the indemnitor must cover those liabilities it caused, even though the other party contributed to cause those liabilities. 3. Broad form distinguished from limited and intermediate because it obliges the indemnitor to make good all losses, damages or liabilities regardless of the indemnitee s sole negligence or fault. Here, the indemnitor covers all liabilities, regardless of whether it contributed to cause those liabilities. Whereas the limited indemnity provision merely requires the indemnitor make good only those losses directly attributable to it, both the intermediate form and the broad form provisions purport, to varying degrees, to shift the burden of indemnitee s negligent behavior onto the indemnitor. That is, Party X will indemnify Party Y for Party Y s own negligence, even if Party X was not negligent. Obviously, allowing Party Y an unfettered right to pawn its negligent behavior onto Party X raises red flags as it runs contrary to a fundamental tenet of tort law: an entity should be responsible for its own injurycausing conduct. 4 Conversely, however, these more robust indemnity provisions might serve public interest by facilitating the freedom of the contracting entities to mutually allocate risks in accord with their own guideline, rather than a uniform dictate. 5 As a primary example substantiating broader indemnity provisions, consider the instance in which an employee of Party X is injured primarily, but not solely, as a result of the employee or Party X s negligence. In considering these potential liabilities, X and Y might prefer a reciprocal indemnity agreement where X and Y accept the sole responsibility for their own employees. 6 A reciprocal agreement serves the dual purpose of giving X and Y certainty regarding each entity s liability exposure while ensuring that employees are subject to the direction and control of only one master, their employer. In this instance, Texas acknowledges the right of contracting entities to allocate risks as they see fit. Thus, their apparent benignity aside, the interpretation of indemnity agreements involves more than reading the provision and giving effect to its terms in accord with their ordinary, popular and commonly-accepted meanings. Rather, their interpretation necessitates balancing competing policy interests of allowing contracting entities the liberty to freely and voluntarily enter into a given contract with the State s interest in ensuring that negligent parties be responsible for their own injury-causing conduct. Inherent within this calculus, courts will often assess the relative bargaining power of the contracting entities to ensure that a given indemnity provision was the result of a mutual, bargained exchange among equals rather than a product of the large over the small. In interpreting indemnity language within a contract, Texas applies those same rules of contractual interpretation that it would apply to other contracts. 7 So long as the agreement is not ambiguous, the court will ascertain the intentions of those making the agreement and give effect to those intentions. 8 If ambiguous, however, the indemnity agreement will be strictly construed in favor of the indemnitor; i.e., the court will void the indemnity agreement. 9 But the court will not manufacture ambiguity; words and phrases are given their ordinary, popular and commonly-accepted meaning. 10 To balance the competing policy interests discussed above, Texas has established the two-pronged fair notice test requiring contracting parties intend- ing to shift the risk of negligent conduct from one party to another to provide fair notice of that intention. 11 First, fair notice requires the parties to specifically express their intention to transfer risk from one party to another within the four corners of the contract. 12 Thus, if Party Y intends Party X to make good those liabilities incurred from Party Y s own conduct, the proffered indemnity agreement must specify those conditions under which X must make good. For example, if Y intends X to make good liabilities arising from Y s sole negligence, the agreement must specify that intent because, as we have seen, any ambiguity will nullify the indemnity agreement. 13 Courts interpreting these intermediate and broad form agreements in the face of the express negligence rule will generally approach the agreement systematically, looking for identifiable magic language signifying the mutual intent to shift the consequences of one party s negligence onto another. Thus, when reading a potential indemnity agreement, the reader should ask whether it includes the magic language, e.g., EVEN TO THE EXTENT SUCH CLAIM IS CAUSED... BY THE CONCURRENT OR SOLE NEGLI- GENCE OR FAULT of the indemnified party. Without these magic words that the agreement specifically protects the indemnified party from its OWN or SOLE negligence, or that the agreement applies regardless of fault, the proffered agreement does not give fair notice. This rule applies even if an otherwise fair reading would indicate that the contracting parties inferred, rather than explicitly stated, their intent to create a broad form agreement; an implicit indemnity agreement requiring the [indemnitor] to deduce [its] full obligation is unenforceable. 14 But fair notice involves more than specificity in defining those circumstances under which the indemnity agreement would apply. Under its second prong, the Texas fair notice doctrine requires the indemnity provisions to be conspicuous, i.e., something must appear within the contract to attract the attention of a thehoustonlawyer.com July/August

4 reasonable person when [s]he looks at it. 15 Stated more simply, an indemnity agreement should call attention to itself ensuring that the indemnitor (Party X) understands that by executing the contract, it is assuming responsibility to make good certain losses of Party Y. By its nature, conspicuousness ensures a base level of mutuality among the contracting parties. An indemnity agreement hidden within a contract evinces subterfuge rather than a mutual, bargained exchange among equals. Consider the following statements made by courts interpreting whether a given clause is conspicuous. Conspicuous More visible than other items on the page. 16 The entire contract consists of one page; the indemnity language is on the front side of the contract and is not hidden under a separate heading. 17 Provisions referred specifically to the indemnity provision on the reverse side of the purchase order and there was printed in large, red type on the front of each page of the order a notice that the agreement included the terms on the reverse side of the order. 18 Paragraph containing indemnity agreement is eight lines long and the subject matter of the entire paragraph is waiver and release. 19 Not Conspicuous Hidden on the reverse side of a sales order under a paragraph entitled Warranty and was surrounded by completely unrelated terms. 20 Appearing on the back side of a delivery order. 21 The language appeared in small, light type on the back of a rental form and was surrounded by unrelated terms. 22 The provisions are located on the back of a work order in a series of numbered paragraphs without headings or contrasting type. 23 Because the fair notice test remains an imperfect scale from which to weigh 20 July/August 2014 thehoustonlawyer.com competing public policy interests and to ensure that indemnity agreements are a product of mutual bargaining rather than unfair dictates, intermediate and broad form indemnity provisions have come under increasing legislative scrutiny. In 1985, in enacting the Texas Oilfield Anti-Indemnification Act, the Texas Legislature found oil and gas contracts were often the result of an inequality among contractors rather than a mutual obligation and, consequently, against public policy. 24 Thereafter, the Legislature mandated that indemnity agreements pertaining to these interests be mutual and supported by insurance. 25 Similarly, the Legislature enacted Chapter 130 of the Texas Civil Practices & Remedies Code to protect registered architects and licensed engineers from abusive property owners in certain construction projects by forbidding property owners from requiring architects and engineers to indemnify that property owner from the owner s negligence. 26 Likewise in 2011, the Texas Legislature enacted Texas Insurance Code Section , prohibiting all intermediate and broad form indemnity provisions in construction contracts after January 1, The Legislature defined construction contract broadly, essentially including any agreement affecting the design, construction, or alteration of any building, structure or other improvement. 28 Additional Insured Endorsements Recalling the earlier acknowledgment that there is nothing inherent to indemnity agreements making their interpretation the exclusive prerogative of the legal profession, one presumes the reader has readily digested both the different types of indemnity agreements and the essential legal framework under which Texas courts will give effect to these risk-shifting agreements. Indeed, the reader should be motivated to do so because these disputes often involve significant amounts of money and their apparent lack of complexity often operates to increase, rather than decrease, the number of potential interpretations. But no study, however brief, of indemnity agreements would be complete without a discussion of insurance issues, which add further complexity. Sophisticated risk-shifting agreements usually require a prospective indemnitor to guarantee its ability to comply with its indemnity obligations by purchasing liability insurance, thus protecting the presumed indemnitee against potential insolvency. While this insurance mandate can be a simple directive within the indemnity agreement that the putative indemnitor maintain the requisite liability coverage, most risk-shifting agreements involve a separate and distinct additional insured provision requiring the prospective indemnitor to take the additional precaution by adding the indemnitee as an additional insured onto its commercial general liability (CGL) insurance policy. Under Texas law, placing the insurance requirement within the indemnity language, rather than as a separate and distinct obligation, makes the directive contingent upon (or supplemental to) the larger indemnity language. Thus, if the indemnity language fails, the insurance obligation fails also; the insurance provision has no effect beyond the applicability of the indemnity agreement. 29 But by merely separating the insurance obligation from the indemnity obligation, the insurance obligation stands or falls on its own, independent of the indemnity provision. A properly written, separate additional insured provision can effectively relieve the presumed indemnitee of any financial burden associated with its own negligent behavior, even if the indemnity agreement is invalid. 30 While a detailed legal discussion of these additional insurance provisions is beyond the scope of this paper, a general overview is necessary. Disputes over additional insured provisions ultimately boil down to a disagreement between two or more insurance companies over which of them is financially responsible for a given claim. In the abstract, insurance companies loathe providing coverage to additional insured for the additional insured s own negligence and systematically object.

5 Thus, the nature of the CGL policy and the language within additional insured endorsement is of paramount importance. By and large, additional insured provisions generally come in two types. First, the given policy may specifically name the additional insured, providing that additional insured with a certificate of insurance. 31 More commonly, however, a CGL policy will simply define insured to include, for example, any person or organization that is an owner of real property or personal property on which you are performing ongoing operations or a contractor on whose behalf you are performing ongoing operations... Obviously, for the additional insured, the certificate of insurance is preferable as it constitutes unmistakable evidence of coverage under the policy and that this coverage applies independently of any indemnity language. 32 Conversely, however, the second type of language is often preferable to insured contractors, especially when that insur- Season Sponsor ance needs to be spread among numerous participants in a risk-creating activity. 33 Ultimately, when negotiating a services agreement, the parties should consider the extent they desire the additional legal protection afforded by carrying a certificate of insurance. In conclusion, one trusts the reader finishes this brief overview of indemnity agreements armed not only with the necessary framework from which to read and interpret indemnity agreements but also with the ability to consider and compose indemnity language that serves their clients interests. And while poking fun at omnipresent disconnect between pretentious lawyers and contemptuous clients, applying Kierkegaard s maxim to enlighten the divergent perspectives between clients living forwards and lawyers understanding backwards should embolden us to compose indemnity agreements within the common understanding of lawyers and non-lawyers alike. Indeed, one should not set this article aside determined to encrypt future indemnity agreements in rote legal jargon unintelligible to all. Ultimately, one should draft indemnity agreements with the expectation that they will be read and applied. Preston D. Hutson practices with LeClair Ryan. His practice is dedicated to personal injury and civil litigation. He is a member of The Houston Lawyer editorial board. september Pg13 call today for best seats! tickets start at only $25! tuts.com tuts Endnotes 1. BLACK S LAW DICTIONARY 837 (9th ed.). 2. Safeco Ins. Co. of Am. v. Gaubert, 829 S.W.2d 274, 281 (Tex. App. Dallas 1992, writ denied). 3. SØREN KIERKEGAARD (1843), in THE JOURNALS OF KIERKEGAARD (Alexander Dru ed., 1959), reprinted in THE SOUL OF KIERKEGAARD: SELECTIONS FROM HIS JOURNAL at 89 (Alexander Dru ed., 2003). 4. C.f., F.F.P. Operating Ptnrs., L.P. v. Duenez, 237 S.W.3d 680, 690 (Tex. 2007). 5. C.f., Energy Serv. Co. of Bowie, Inc. v. Superior Snubbing Servs., 236 S.W.3d 190, 196 (Tex. 2007). 6. Id. 7. Dupre v. Penrod Drilling Corp., 993 F.2d 474, 478 (5th Cir. 1993). 8. Id. 9. Keystone Equity Mgmt. v. Thoen, 730 S.W.2d 339, 340 (Tex. App. Dallas 1987, no writ). 10. Safeco Ins. Co. of Am. v. Gaubert, 829 S.W.2d 274, 281 (Tex. App. Dallas 1992, writ denied). 11. Houston Lighting & Power Co. v. Atchison, Topeka & Santa Fe Ry. Co., 890 S.W.2d 455, 458 (Tex. 1994). 12. Arthur s Garage, Inc. v. Racal-Chubb Sec. Sys., 997 S.W.2d 803, 814 (Tex. App. Dallas 1999, no pet.), citing Ethyl Corp. v. Daniel Const. Co. 725 S.W.2d 705, 708 (Tex. 1987). 13. Ethyl Corp. v. Daniel Const. Co., 725 S.W.2d 705, 708 (Tex. 1987). 22 July/August 2014 thehoustonlawyer.com

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

ACC Houston Chapter Meeting

ACC Houston Chapter Meeting ACC Houston Chapter Meeting Indemnities and Insurance: Managing Risks Via Contracts in the Post-Macondo World April 9, 2013 Panelists Lisa Brown Managing Counsel, Oxy Permian Former outside counsel. Received

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

MEDIATION RELEASE AND SETTLEMENT AGREEMENT ISSUES IN CONSTRUCTION CASES by Benton T. Wheatley

MEDIATION RELEASE AND SETTLEMENT AGREEMENT ISSUES IN CONSTRUCTION CASES by Benton T. Wheatley MEDIATION RELEASE AND SETTLEMENT AGREEMENT ISSUES IN CONSTRUCTION CASES by Benton T. Wheatley State Bar of Texas Construction Law Newsletter, Summer 2001, p. 6. Introduction: Many lawyers have been in

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

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

Risk Transfer in Construction Contracts: The Architects and Engineers Perspective

Risk Transfer in Construction Contracts: The Architects and Engineers Perspective Risk Transfer in Construction Contracts: The Architects and Engineers Perspective Partnering: Beyond the Basics San Antonio, Texas March 28 & 29, 1996 William R. Allensworth Roller and Allensworth, L.L.P.

More information

Will Deepwater Horizon Change a Long Standing Rule of Law?

Will Deepwater Horizon Change a Long Standing Rule of Law? Will Deepwater Horizon Change a Long Standing Rule of Law? In re Deepwater Horizon, 710 F.3d 338 (5 th Cir. 2013, withdrawn on r hrg). r In re Deepwater Horizon, 728 F.3d 491 (5 th Cir. 2013). ACCIDENT

More information

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT Case: 13-20512 Document: 00512673150 Page: 1 Date Filed: 06/23/2014 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED June 23, 2014 Lyle W.

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

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

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

The Shifting & Allocation of Risks

The Shifting & Allocation of Risks The Shifting & Allocation of Risks An Analysis and Discussion About the Legal Landscape of Indemnification and Insurability of Gross Negligence, Punitive Damages, and Fines and Penalties September 18,

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

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

Everything 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 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 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

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

Other Insurance and the CGL Policy

Other Insurance and the CGL Policy Other Insurance and the CGL Policy by Craig F. Stanovich Austin & Stanovich Risk Managers, LLC April 2009 We usually make sure our client has purchased its own CGL policy a policy on which it is a named

More information

Gen. 311] 311. November 23, 1994

Gen. 311] 311. November 23, 1994 Gen. 311] 311 INSURANCE ) VEHICLE LAWS ) STATUS OF PROVIDERS OF SERVICES UNDER MOTOR VEHICLE MECHANICAL REPAIR CONTRACTS LAW November 23, 1994 Mr. Dwight K. Bartlett, III Insurance Commissioner of Maryland

More information

2014 Texas Indemnity Law Update

2014 Texas Indemnity Law Update 2014 Texas Indemnity Law Update Presented by James W. Bartlett, Jr. Purpose of an Indemnity Provision Promise to safeguard or hold a party harmless against existing and/or future loss liability In some

More information

Clear as Mud: Legislating the Definition of Occurrence in a CGL Policy

Clear as Mud: Legislating the Definition of Occurrence in a CGL Policy Clear as Mud: Legislating the Definition of Occurrence in a CGL Policy Seth M. Friedman 1 Weissman, Nowack, Curry & Wilco, P.C. Atlanta, GA One of the biggest issues affecting coverage litigation for construction

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

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS GALVESTON DIVISION CIVIL ACTION NO. 3:12-CV-341 MEMORANDUM AND ORDER

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS GALVESTON DIVISION CIVIL ACTION NO. 3:12-CV-341 MEMORANDUM AND ORDER Case 3:12-cv-00341 Document 30 Filed in TXSD on 03/31/14 Page 1 of 12 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS GALVESTON DIVISION PAC-VAN, INC., Plaintiff, VS. CHS, INC. D/B/A CHS COOPERATIVES,

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

IN THE SUPREME COURT OF TEXAS

IN THE SUPREME COURT OF TEXAS IN THE SUPREME COURT OF TEXAS 444444444444 NO. 13-0670 444444444444 IN RE DEEPWATER HORIZON, RELATOR 4444444444444444444444444444444444444444444444444444 ON CERTIFIED QUESTIONS FROM THE UNITED STATES COURT

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

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

In The Court of Appeals Fifth District of Texas at Dallas. No. 05-12-00658-CV

In The Court of Appeals Fifth District of Texas at Dallas. No. 05-12-00658-CV Reverse and Remand; Opinion Filed November 19, 2013. S In The Court of Appeals Fifth District of Texas at Dallas No. 05-12-00658-CV INNOVATE TECHNOLOGY SOLUTIONS, L.P., Appellant V. YOUNGSOFT, INC., Appellee

More information

The Hold Harmless Agreement and the CGL

The 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 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

intro to professional liability insurance

intro to professional liability insurance intro to professional liability insurance the client s resource Professional liability policies are designed for a specific risk the risk of loss caused by the negligent performance of professional services

More information

Present: Carrico, C.J., Compton, Stephenson, Lacy, Keenan, Koontz, JJ., and Whiting, Senior Justice NORTHBROOK PROPERTY AND CASUALTY INSURANCE COMPANY

Present: Carrico, C.J., Compton, Stephenson, Lacy, Keenan, Koontz, JJ., and Whiting, Senior Justice NORTHBROOK PROPERTY AND CASUALTY INSURANCE COMPANY Present: Carrico, C.J., Compton, Stephenson, Lacy, Keenan, Koontz, JJ., and Whiting, Senior Justice VIRGINIA ELECTRIC AND POWER COMPANY OPINION BY JUSTICE LAWRENCE L. KOONTZ, v. Record No. 951919 September

More information

Risk Shifting: Indemnity & AI Provisions in a Construction Contract

Risk Shifting: Indemnity & AI Provisions in a Construction Contract 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

More information

Office Use Only Received On: By:

Office Use Only Received On: By: Office Use Only Received On: By: Coach/Instructor Independent Contractor Agreement Each Club Sport team that has a Coach/Instructor must have all individuals employed by your club sign this form. Name:

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

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT Case: 13-51027 Document: 00513074445 Page: 1 Date Filed: 06/10/2015 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT IRONSHORE SPECIALTY INSURANCE COMPANY, Plaintiff - Appellant United States

More information

IN RE DEEPWATER HORIZON: TEXAS TO REVISIT ATOFINA TO DECIDE SCOPE OF ADDITIONAL-INSURED LIABILITY COVERAGE

IN RE DEEPWATER HORIZON: TEXAS TO REVISIT ATOFINA TO DECIDE SCOPE OF ADDITIONAL-INSURED LIABILITY COVERAGE IN RE DEEPWATER HORIZON: TEXAS TO REVISIT ATOFINA TO DECIDE SCOPE OF ADDITIONAL-INSURED LIABILITY COVERAGE I. INTRODUCTION... 1 II. IN RE DEEPWATER HORIZON: PRESENTING A DEEPER ISSUE THAN BP S DEEP POCKETS...

More information

Anti-Indemnity Statutes and Contractual Indemnification for Construction Contracts

Anti-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 information

Additional Insured Changes in the CGL

Additional Insured Changes in the CGL Additional Insured Changes in the CGL May 2004 New changes to the additional insured endorsements and the introduction of a limitation to the definition of "insured contract" are characterized by ISO as

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

IN THE NEBRASKA COURT OF APPEALS. MEMORANDUM OPINION AND JUDGMENT ON APPEAL (Memorandum Web Opinion)

IN THE NEBRASKA COURT OF APPEALS. MEMORANDUM OPINION AND JUDGMENT ON APPEAL (Memorandum Web Opinion) IN THE NEBRASKA COURT OF APPEALS MEMORANDUM OPINION AND JUDGMENT ON APPEAL (Memorandum Web Opinion) CITY OF LINCOLN V. DIAL REALTY DEVELOPMENT NOTICE: THIS OPINION IS NOT DESIGNATED FOR PERMANENT PUBLICATION

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

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

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-13-00350-CV 3109 Props, L.L.C.; Detour, Inc.; and Richard Linklater, Appellants v. Truck Insurance Exchange, Appellee FROM THE DISTRICT COURT OF

More information

Terms and Conditions for Tax Services

Terms and Conditions for Tax Services Terms and Conditions for Tax Services In the course of delivering services relating to tax return preparation, tax advisory, and assistance in tax controversy matters, Brady, Martz & Associates, P.C. (we

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

Case 2:14-cv-00797-BMS Document 16 Filed 02/06/15 Page 1 of 10 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA MEMORANDUM

Case 2:14-cv-00797-BMS Document 16 Filed 02/06/15 Page 1 of 10 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA MEMORANDUM Case 2:14-cv-00797-BMS Document 16 Filed 02/06/15 Page 1 of 10 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA AMERICAN WESTERN : HOME INSURANCE COMPANY, : CIVIL ACTION Plaintiff,

More information

Real Estate Salesman Agreement (Independent Contractor)

Real Estate Salesman Agreement (Independent Contractor) Real Estate Salesman Agreement (Independent Contractor) This Packet Includes: 1. General Information 2. Instructions and Checklist 3. Real Estate Salesman Agreement (Independent Contractor ) 1 General

More information

GENERAL TERMS AND CONDITIONS

GENERAL TERMS AND CONDITIONS GENERAL TERMS AND CONDITIONS Contents A. SCOPE...3 B. CONFIDENTIALITY, NAME, INTELLECTUAL PROPERTY AND TAX EXEMPT STATUS OF THE WTO...3 B.1. Confidentiality...3 B.2. Use of the name, logo or official seal

More information

In The Court of Appeals Seventh District of Texas at Amarillo

In The Court of Appeals Seventh District of Texas at Amarillo In The Court of Appeals Seventh District of Texas at Amarillo No. 07-12-00465-CV MATTHEW GEORGE, APPELLANT V. STATE FARM LLOYDS, APPELLEE On Appeal from the 53rd District Court Travis County, Texas Trial

More information

ADJUSTING OTHER INSURANCE CLAUSE CLAIMS

ADJUSTING OTHER INSURANCE CLAUSE CLAIMS ADJUSTING OTHER INSURANCE CLAUSE CLAIMS By: Craig Reese March 22, 2012 Contents Introduction...1 Examples of other insurance clauses...1 Apportionment and coverage issues...4 Conflicting clauses...5 Other

More information

MEMORANDUM. Tim Cameron, Kim Chamberlain, Chris Killian Securities Industry and Financial Markets Association

MEMORANDUM. Tim Cameron, Kim Chamberlain, Chris Killian Securities Industry and Financial Markets Association MEMORANDUM TO: FROM: RE: Tim Cameron, Kim Chamberlain, Chris Killian Securities Industry and Financial Markets Association David R. Carpenter, Collin P. Wedel, Lauren A. McCray Liability of Municipal Members

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

Terms and Conditions for Purchase Orders for Recycling Materials

Terms and Conditions for Purchase Orders for Recycling Materials Terms and Conditions for Purchase Orders for Recycling Materials This Agreement is made by and between AEROJET-GENERAL CORPORATION, an Ohio corporation with a place of business at Rancho Cordova, California

More information

Recent Developments in Indemnities

Recent Developments in Indemnities Recent Developments in Indemnities The Supreme Court of Queensland recently reaffirmed the approach previously adopted by courts with respect to the interpretation of indemnity clauses. The decision in

More information

Insurance for In-House Counsel. April 2014 Kevin Stolworthy, Esq. / Conor Flynn, Esq. / Matthew Stafford, Esq.

Insurance for In-House Counsel. April 2014 Kevin Stolworthy, Esq. / Conor Flynn, Esq. / Matthew Stafford, Esq. Insurance for In-House Counsel April 2014 Kevin Stolworthy, Esq. / Conor Flynn, Esq. / Matthew Stafford, Esq. Commercial General Liability Insurance ( CGL insurance ) Purpose of CGL Insurance CGL insurance

More information

Case 2:09-cv-00532-JPH Document 23 Filed 02/02/10 Page 1 of 7 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

Case 2:09-cv-00532-JPH Document 23 Filed 02/02/10 Page 1 of 7 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA Case 2:09-cv-00532-JPH Document 23 Filed 02/02/10 Page 1 of 7 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA MICHAEL WALKER : CIVIL ACTION : v. : : NO. 09-532 BIG BURGER RESTAURANTS,

More information

A Litigator s View of the Special Employer Doctrine

A Litigator s View of the Special Employer Doctrine A Litigator s View of the Special Employer Doctrine By: Richard M. Williams, Esq. Published By: Employee Benefit Plan Review July 2013 INTRODUCTION It is a well-established principle of common law that

More information

Managing Risk Through Contract Provisions: An Advanced Course in Contracts

Managing Risk Through Contract Provisions: An Advanced Course in Contracts Managing Risk Through Contract Provisions: An Advanced Course in Contracts RLI Design Professionals Design Professionals Learning Event DPLE 164 December 2, 2015 RLI Design Professionals is a Registered

More information

NUMBER 13-11-00757-CV COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG

NUMBER 13-11-00757-CV COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG NUMBER 13-11-00757-CV COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG ROYSTON, RAYZOR, VICKERY & WILLIAMS, L.L.P., Appellant, v. FRANCISCO FRANK LOPEZ, Appellee. On appeal from

More information

FOR IMMEDIATE NEWS RELEASE NEWS RELEASE # 15. The Opinions handed down on the 25th day of February, 2003, are as follows:

FOR IMMEDIATE NEWS RELEASE NEWS RELEASE # 15. The Opinions handed down on the 25th day of February, 2003, are as follows: FOR IMMEDIATE NEWS RELEASE NEWS RELEASE # 15 FROM: CLERK OF SUPREME COURT OF LOUISIANA The Opinions handed down on the 25th day of February, 2003, are as follows: BY KIMBALL, J.: 2002-C - 1634 RONALD J.

More information

THIS IS A SAMPLE CONTRACT FORM ONLY. THE ACTUAL CONTRACT MAY OR MAY NOT CONTAIN THE PROVISIONS HEREIN, DEPENDING ON THE SCOPE OF WORK.

THIS IS A SAMPLE CONTRACT FORM ONLY. THE ACTUAL CONTRACT MAY OR MAY NOT CONTAIN THE PROVISIONS HEREIN, DEPENDING ON THE SCOPE OF WORK. CONSULTANT CONTRACT Resolution No. - STATE OF TEXAS COUNTY OF DALLAS THIS CONTRACT is made and entered into by and between the CITY OF DALLAS, a Texas municipal corporation, of Dallas County, Texas, (hereinafter

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

United States Court of Appeals, Fifth Circuit. No. 94-41244. Jerry B. HODGEN; Bobby Sue Hodgen, Plaintiffs,

United States Court of Appeals, Fifth Circuit. No. 94-41244. Jerry B. HODGEN; Bobby Sue Hodgen, Plaintiffs, United States Court of Appeals, Fifth Circuit. No. 94-41244. Jerry B. HODGEN; Bobby Sue Hodgen, Plaintiffs, v. FOREST OIL CORPORATION, et al., Defendants, FOREST OIL CORPORATION; Ronald J. Doucet, Defendants-Third

More information

Combar/CLLS Guidance note on the Agreement for the Supply of Services by a Barrister in a Commercial Case

Combar/CLLS Guidance note on the Agreement for the Supply of Services by a Barrister in a Commercial Case Combar/CLLS Guidance note on the Agreement for the Supply of Services by a Barrister in a Commercial Case Introduction... 2 Background... 2 Entering into an agreement incorporating the Terms... 3 The Services...

More information

Senate Bill No. 2 CHAPTER 673

Senate Bill No. 2 CHAPTER 673 Senate Bill No. 2 CHAPTER 673 An act to amend Section 6254 of the Government Code, to add Article 3.11 (commencing with Section 1357.20) to Chapter 2.2 of Division 2 of the Health and Safety Code, to add

More information

In the Court of Appeals of Georgia

In the Court of Appeals of Georgia WHOLE COURT NOTICE: Motions for reconsideration must be physically received in our clerk s office within ten days of the date of decision to be deemed timely filed. http://www.gaappeals.us/rules/ March

More information

TENDERING CLAIMS UNDER YOUR CGL INSURANCE POLICY By Nick M. Campbell, Esq. GREEN & CAMPBELL, LLP. A. History of Commercial Liability Policies

TENDERING CLAIMS UNDER YOUR CGL INSURANCE POLICY By Nick M. Campbell, Esq. GREEN & CAMPBELL, LLP. A. History of Commercial Liability Policies TENDERING CLAIMS UNDER YOUR CGL INSURANCE POLICY By Nick M. Campbell, Esq. GREEN & CAMPBELL, LLP Please note that this article is only intended to provide some general educational information regarding

More information

Employers Liability and Insurance Coverage in the Construction Industry

Employers Liability and Insurance Coverage in the Construction Industry Illinois Association of Defense Trial Counsel Springfield, Illinois www.iadtc.org 800-232-0169 IDC Quarterly Volume 18, Number 1 (18.1.29) Insurance Law By: Gregory G. Vacala and Allison H. McJunkin Rusin

More information

Indemnity, AI, and the BP Oil Spill

Indemnity, AI, and the BP Oil Spill ABA ICLC 2014 Conference Indemnity, AI, and the BP Oil Spill Tracy Alan Saxe Saxe Doernberger & Vita, P.C. Hamden, CT Celia B. Keniry Saxe Doernberger & Vita, P.C. Hamden, CT A common misconception regarding

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

THE RIGHT TO INDEPENDENT COUNSEL

THE RIGHT TO INDEPENDENT COUNSEL THE RIGHT TO INDEPENDENT COUNSEL Julie A. Shehane Cooper & Scully, P.C. 900 Jackson Street, Suite 100 Telephone: 214-712 712-9546 Telecopy: 214-712 712-9540 Email: Julie.Shehane@cooperscully.com 2015 This

More information

COVERAGE FOR DEFECTIVE CONSTRUCTION AND/OR FAULTY WORKMANSHIP: EXCLUSIONS J(5) AND J(6)

COVERAGE FOR DEFECTIVE CONSTRUCTION AND/OR FAULTY WORKMANSHIP: EXCLUSIONS J(5) AND J(6) COVERAGE FOR DEFECTIVE CONSTRUCTION AND/OR FAULTY WORKMANSHIP: EXCLUSIONS J(5) AND J(6) R. Douglas Rees Co-author Tara L. Sohlman Cooper & Scully, P.C. 900 Jackson Street, Suite 100 Dallas, Texas 75202

More information

Indemnification in Clinical Trial Agreements

Indemnification in Clinical Trial Agreements Vol. 10, No. 3, March 2014 Happy Trials to You Indemnification in Clinical Trial Agreements By Michael Powers and Kelly Smith Indemnification clauses ( indemnities ) in clinical trial agreements (CTAs)

More information

The Basics: Who Is an Additional Insured?

The Basics: Who Is an Additional Insured? Coverage Issues Certificates of insurance are not a foolproof way to ensure that you have the additional insured coverage you need. Here s what to ask for as proof of appropriate coverage. Certificates

More information

CCBE POSITION WITH RESPECT TO THE FREE CHOICE OF A LAWYER IN RELATION TO LEGAL EXPENSES INSURANCE

CCBE POSITION WITH RESPECT TO THE FREE CHOICE OF A LAWYER IN RELATION TO LEGAL EXPENSES INSURANCE CCBE POSITION WITH RESPECT TO THE FREE CHOICE OF A LAWYER IN RELATION TO LEGAL EXPENSES INSURANCE CCBE position with respect to the free choice of a lawyer in relation to legal expenses insurance The Council

More information

Tuesday, March 1, 2016 Houston, TX. 3:55 4:45 p.m. ENERGY 101 A PRIMER ON CGL EXPOSURES AND INSURANCE

Tuesday, March 1, 2016 Houston, TX. 3:55 4:45 p.m. ENERGY 101 A PRIMER ON CGL EXPOSURES AND INSURANCE Tuesday, March 1, 2016 Houston, TX 3:55 4:45 p.m. ENERGY 101 A PRIMER ON CGL EXPOSURES AND INSURANCE Presented by Cindi Vickers Risk Management Consultant This primer session will dig into the details

More information

****************************************************** The officially released date that appears near the beginning of each opinion is the date the

****************************************************** The officially released date that appears near the beginning of each opinion is the date the ****************************************************** The officially released date that appears near the beginning of each opinion is the date the opinion will be published in the Connecticut Law Journal

More information

TEXAS RICE LAND PARTNERS, LTD. V. DENBURY GREEN PIPELINE-TEXAS, LLC: TEXAS EMINENT DOMAIN LAW AND THE NOT-SO-COMMON COMMON CARRIER STATUS

TEXAS RICE LAND PARTNERS, LTD. V. DENBURY GREEN PIPELINE-TEXAS, LLC: TEXAS EMINENT DOMAIN LAW AND THE NOT-SO-COMMON COMMON CARRIER STATUS TEXAS RICE LAND PARTNERS, LTD. V. DENBURY GREEN PIPELINE-TEXAS, LLC: TEXAS EMINENT DOMAIN LAW AND THE NOT-SO-COMMON COMMON CARRIER STATUS I. INTRODUCTION... 1 II. Background... 2 A. The Progression of

More information

Construction Conference

Construction Conference m a c d o n a l d d e v i n. c o m Construction Conference September 21, 2007 The Economic Loss Rule as a Design Professional s Defense to Owner/Contractor Claims Presented by Greg Ziegler Macdonald Devin,

More information

Texas Common Carriers May Soon Be Running In Circles

Texas Common Carriers May Soon Be Running In Circles 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 Texas Common Carriers May Soon Be Running In Circles

More information

Layer Tanzillo Stassin & Babcock, P.C. IN THE COURT OF APPEALS OF INDIANA

Layer Tanzillo Stassin & Babcock, P.C. IN THE COURT OF APPEALS OF INDIANA FOR PUBLICATION ATTORNEYS FOR APPELLANTS: PAUL A. RAKE JOHN M. MCCRUM MEGAN C. BRENNAN Eichhorn & Eichhorn, LLP Hammond, Indiana ATTORNEY FOR APPELLEE: MICHAEL D. BABCOCK Layer Tanzillo Stassin & Babcock,

More information

Handling Real Property leasing exposures

Handling Real Property leasing exposures Reprinted with permission from The John Liner Letter, Volume 44, Number 2; January 2007. Copyright 2007, Standard Publishing Corp., Boston, MA. All rights reserved. www.spcpub.com A MONTHLY BUSINESS INSURANCE

More information

By Heather Howell Wright, Bradley Arant Boult Cummings, LLP. (Published July 24, 2013 in Insurance Coverage, by the ABA Section Of Litigation)

By Heather Howell Wright, Bradley Arant Boult Cummings, LLP. (Published July 24, 2013 in Insurance Coverage, by the ABA Section Of Litigation) Tiara Condominium: The Demise of the Economic Loss Rule in Construction Defect Litigation and Impact on the Property Damage Requirement in a General Liability Policy By Heather Howell Wright, Bradley Arant

More information

Construction Defect Coverage Recap For 1st Quarter

Construction 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 information

Using Additional insured endorsements

Using Additional insured endorsements Reprinted with permission from The John Liner Letter, Volume 41, Number 9; August 2004. Copyright 2004, Standard Publishing Corp., Boston, MA. All rights reserved. www.spcpub.com A MONTHLY BUSINESS INSURANCE

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

Newcomb Transportation & Logistics, Inc. Shipper/Broker Terms & Conditions

Newcomb Transportation & Logistics, Inc. Shipper/Broker Terms & Conditions NEWCOMB TRANSPORTATION AND LOGISTICS SHIPPER TERMS & CONDITIONS 1. APPLICABILITY These Terms & Conditions and agreed upon pricing documents apply to all broker services (the Services ) provided by Youbulk,

More information

Caught in the Middle: What to Do When Conflicts Arise Between Policyholders and Insurers

Caught in the Middle: What to Do When Conflicts Arise Between Policyholders and Insurers Caught in the Middle: What to Do When Conflicts Arise Between Policyholders and Insurers Robert A. Shults Jacob A. DeLeon McFall, Sherwood & Breitbeil, P.C. Houston, Texas Within the tripartite relationship,

More information

TENTH CIRCUIT PATRICK FISHER DEC 14 2004. Clerk RONALD A. PETERSON, Plaintiff-Counter-Defendant, No. 03-1186 (D.C. No. 01-MK-1626) (D. Colo.

TENTH CIRCUIT PATRICK FISHER DEC 14 2004. Clerk RONALD A. PETERSON, Plaintiff-Counter-Defendant, No. 03-1186 (D.C. No. 01-MK-1626) (D. Colo. F I L E D United States Court of Appeals Tenth Circuit UNITED STATES COURT OF APPEALS DEC 14 2004 TENTH CIRCUIT PATRICK FISHER Clerk RONALD A. PETERSON, Plaintiff-Counter-Defendant, v. HOME INSURANCE COMPANY

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

RISK MANAGEMENT IN CONTRACTS

RISK MANAGEMENT IN CONTRACTS RISK MANAGEMENT IN CONTRACTS There are many circumstances in which an Institution will contract with another party including service contracts, sales agreements, leases, practicum placement and affiliation

More information

INSURANCE 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. 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 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

RULE 4-1.5 FEES AND COSTS FOR LEGAL SERVICES

RULE 4-1.5 FEES AND COSTS FOR LEGAL SERVICES RULE 4-1.5 FEES AND COSTS FOR LEGAL SERVICES (a) Illegal, Prohibited, or Clearly Excessive Fees and Costs. [no change] (b) Factors to Be Considered in Determining Reasonable Fees and Costs. [no change]

More information

AGREEMENT BETWEEN THE UNIVERSITY OF TEXAS HEALTH SCIENCE CENTER AT SAN ANTONIO and PROJECT ARCHITECT for A PROJECT OF LIMITED SIZE OR SCOPE

AGREEMENT BETWEEN THE UNIVERSITY OF TEXAS HEALTH SCIENCE CENTER AT SAN ANTONIO and PROJECT ARCHITECT for A PROJECT OF LIMITED SIZE OR SCOPE AGREEMENT BETWEEN THE UNIVERSITY OF TEXAS HEALTH SCIENCE CENTER AT SAN ANTONIO and PROJECT ARCHITECT for A PROJECT OF LIMITED SIZE OR SCOPE This Agreement is made as of, 20 (the Effective Date ), by and

More information

No. 2--07--1205 Filed: 12-19-08 IN THE APPELLATE COURT OF ILLINOIS SECOND DISTRICT

No. 2--07--1205 Filed: 12-19-08 IN THE APPELLATE COURT OF ILLINOIS SECOND DISTRICT Filed: 12-19-08 IN THE APPELLATE COURT OF ILLINOIS SECOND DISTRICT WESTPORT INSURANCE Appeal from the Circuit Court CORPORATION, of McHenry County. Plaintiff and Counterdefendant-Appellee, v. No. 04--MR--53

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

Contracting with Suppliers A Balanced Approach to Indemnities and Limitations of Liability!!"#$%&'(&)*+,"-&

Contracting with Suppliers A Balanced Approach to Indemnities and Limitations of Liability!!#$%&'(&)*+,-& Contracting with Suppliers A Balanced Approach to Indemnities and Limitations of Liability!!"#$%&'(&)*+,"-& "#$%!&'!&())! Co-presented by the Association of Corporate Counsel Ontario Chapter and WeirFoulds

More information