In Short - The Background: Indemnity clauses are often included in contracts and can be extremely valuable, but they also raise many potential challenges to enforcing them, including state statutes, common law...more
A commercial general liability (CGL) insurance policy may provide coverage for Telephone Consumer Protection Act (TCPA) class actions, the California Supreme Court has ruled, answering a certified question from the Ninth U.S....more
The California Supreme Court issued the following decision last week: Yahoo, Inc. v. National Union Fire Insurance Company of Pittsburgh, PA, No. S253593. Yahoo!’s insurer, National Union, refused to indemnify Yahoo! in...more
The indemnification clause is one of the most important provisions in a construction contract. It transfers risk from one party, the “indemnitee,” to another party, the “indemnitor.” The risk is transferred by way of the...more
Pennsylvania law suggests construction defects generally are not considered an "occurrence" under most CGL insurance policies because defects are not true accidents, e.g., a fortuitous event. However, an exception generally...more
This article addresses potential issues and concerns, which may arise between General Contractors (“General”), Subcontractors (the “Sub”) and their insurers when claims by outside parties (also known as third-parties) may...more
The Supreme Court of Texas delivered good news to policyholders insured under a “Joint Venture Provision” endorsement commonly used in the oil and gas industry. In Anadarko Petroleum Corp. v. Houston Casualty Co.—a case...more