A state appellate court in Pennsylvania recently affirmed a trial court’s summary judgment ruling addressing a franchisor’s claims for indemnification in a personal injury dispute. Sunoco (R&M), LLC v. Pa. Nat'l Mut. Cas....more
Additional Insured’s Action Against Insurer Dismissed for Lack of Personal Jurisdiction - The takeaway of this article is for you to consider updating your clients' insurance requirements to require a specific additional...more
There are four basic causes of action involved in pursuing risk transfer. Two based upon contractual requirements which are known as Contractual Indemnification and Insurance Procurement, and two based upon the common law...more
Federal District Court Denies Insured’s Request To Add Claim For Bad Faith And Consequential Damages Based On Insurer’s Denial Of Coverage In this declaratory judgment action, the insured filed a motion for leave to add a new...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
The Colorado anti-indemnity statute significantly affects the enforceability of indemnification provisions in Colorado construction contracts. With some limited exceptions, construction contracts imposing broad indemnity...more
The New Mexico Anti-Indemnity Act related to construction projects was adopted to “promote safety in uniquely hazardous work place environments,” like construction sites, by holding each party accountable for its actions on a...more
Unlike many states, Nevada has no statutory prohibition on indemnification agreements within the construction context. This has been an issue of significant concern every legislative session since 1995, with 2013 being no...more
Welcome to our summer 2013 issue on indemnity and additional insured provisions in the Southwest. While contractual provisions that define liability in the event of accidental damage or loss affect most construction projects,...more
It is common among parties to sophisticated construction projects, service agreements, leases, and many other types of projects and transactions, to assess the risks associated with their contractual activities and allocate...more
On February 20, 2013, in a matter of first impression in the state of Florida, the Third District Court of Appeal ruled 2-1 that an additional insured was entitled to the appointment of separate and independent defense...more