Contractual Liability Exclusion Bars Coverage for Breach of Contract Claim against Contractor by a Third Party
ConstructionRisk.com Report Vol. #13, Issue #6
See article in the following topic indices:
Contractual liability policy exclusion,Indemnification,Insurance - Breach of Contract not Covered,Insurance Coverage Disputes
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A general contractor under contract to the Dallas Area Rapid Transit Authority (DART) was sued by the owner of a building adjacent to the construction site, alleging that water damage was caused by the contractor’s negligent construction activities. In addition to suing for negligence, the building owner also sued the contractor for breach of contract, [...]
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Agreeing to Pay Reasonable Attorneys Fees as Part of Indemnification May Create Uninsurable Loss
ConstructionRisk.com Report Vol. #12, Issue #11
See article in the following topic indices:
Attorneys Fees,California,Contractual liability policy exclusion,duty to defend,Indemnification,Insurance Coverage Dispute,Negligence
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A question that is asked with increasing frequency is whether attorneys fees incurred pursuant to an indemnity clause are insurable where they are not incurred due to a duty to defend (i.e., paid on behalf of the indemnitee) but are instead paid after the litigation is complete and the indemnitor (e.g., engineer) is found liable [...]
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