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Duty to Indemnify Construction Project

Carlton Fields

EDNY “Teas” It Up On Additional Insured, Finds Insurer May Withdraw Defense and Recoup Defense Costs

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Given the broad duty to defend rules in most jurisdictions, liability insurers often find that they must — or perhaps should out of an abundance of caution — defend an insured against a claim that in all likelihood will not...more

Troutman Pepper

The Buckeye State Bucks Recent Trend: Ohio Supreme Court Holds That Property Damage Caused By A Subcontractor’s Faulty Work Does...

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Ohio N. Univ. v. Charles Constr. Servs., 2018 Ohio LEXIS 2375 (Oct. 9, 2018) - This case arose out of the construction of an inn and conference center at Ohio Northern University (“ONU”). After completion of the project,...more

Troutman Pepper

Contractor Has No Duty To Indemnify Gas Company For Settlement Paid To Injured Employee Under Florida’s Underground Facility And...

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Peoples Gas Sys. v. Posen Constr., Inc., 2018 U.S. Dist. LEXIS 106427 (M.D. Fla. June 26, 2018) - In 2009 Posen Construction, Inc. (“Posen”), a road construction contractor, entered into a general contractor agreement with...more

Troutman Pepper

Federal Court in Alaska Holds Insurer Liable Under E&O Policy to Indemnify and Defend Construction Manager for Claims by...

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KICC –Alcan Gen. v. Crum & Forster Specialty Ins. Co., 2017 U.S. Dist. LEXIS 37560 (March 16, 2017) - A Contractor/Construction Manager, KICC-Alcan General (“KICC”), entered into a subcontract with an MEP subcontractor,...more

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