Sellers and borrowers involved in real estate transactions are customarily asked to sign indemnity agreements in favor of the title insurer. In April 2024, the Arizona legislature amended A.R.S. § 20-1591, which will impact...more
In the past two years, there have been many interesting and impactful appellate decisions in North Carolina Workers’ Compensation law. Going into 2023, we wanted to flag the following...more
A federal district court, applying California law, has held that an insurer owed a duty to defend and indemnify an insured in an underlying nuisance litigation under a not-for-profit D&O policy, as the policy’s pollution,...more
Second Circuit Holds That General Contractor’s “True Excess” Policy Covers Owner Before Owner’s Primary Policy Because Of General Contractor’s Contractual Indemnity Obligation to Owner- The Long Island Railroad on behalf...more
Court Holds That Contractor’s Insurer Must Defend Owner As Additional Insured In Personal Injury Action Filed By Subcontractor’s Employee- A premises owner hired a contractor to perform an oil-to-gas boiler conversion, and...more
On 5 October 2021, a three-judge panel of the United States Court of Appeals for the Second Circuit unanimously held that, under New York law, the indemnity agreement in a contract between a contractor and subcontractor...more
When parties contractually agree to support their mutual indemnity obligations with a "minimum" amount of insurance, their indemnity obligations may not be limited to the "minimum" amount stated in the contract. Throughout...more
In Target Corporation v. Golden State Ins. Co. Limited (No. B279995, filed 10/10/19), a California appeals court held that there was no duty to defend or indemnify a retail pharmacy against allegations that it had mislabeled...more
Generally, indemnity agreements in construction contracts are a promise by which one party (the indemnitor) agrees to defend, indemnify, or hold harmless the other party (the indemnitee) for acts or omissions related to the...more
Suppose you desire to place your prized collection of bibelots into storage. The storage company offers an to assume the risk of loss for an additional monthly payment. Have you entered into...more
A U.S. District Court for the Southern District of New York recently enjoined Advanced Micro Devices (AMD), from proceeding with litigation in California against National Union Fire Insurance Company (NUFIC), related to a...more
Contractual indemnification clauses are among the most overused and misunderstood rights that parties argue over and negotiate for. Although nothing in Illinois law prohibits parties from specifically contracting to provide...more
Gardner Denver, Inc. (“Gardner”), had entered into a settlement agreement with its liability insurer, National Union Fire Insurance Company of Pittsburgh, Pennsylvania (“NUF”) to resolve a dispute over Gardner’s coverage...more
Indemnity Clauses and Anti-Indemnity Legislation - I. Purpose and Enforceability of Indemnity Clauses - Indemnification is an equitable doctrine that attempts to shift the burden of a judgment from one party...more