by Kent Holland | Dec 28, 2012 | duty to defend, Newsletter Article
By Brian K. Stewart, Esq. and Kevin J. Engelien, Esq.– Collins Collins Muir & Stewart, LLP. The immediate contractual duty to defend, once thought by some to be isolated to the “not so golden anymore” state of California as a result of two important court...
by Kent Holland | Feb 6, 2011 | Newsletter Article, standard of care
As a result of a fatal accident that occurred when a car hit a low median separating traffic on a highway overpass bridge and vaulted over it into oncoming traffic, plaintiffs filed suit against the engineering firm that had years earlier performed professional...
by Kent Holland | Dec 31, 2010 | Newsletter Article
The California Court of Appeals issued an important opinion regarding UDC v CH2M Hill affecting construction professionals. The decision is the first of its kind to interpret a design professional’s duty to defend under an indemnity agreement in light of the...
by Kent Holland | Dec 31, 2010 | duty to defend, Newsletter Article
With the signing into law of California Senate Bill SB 972, California amended Section 2782.8 of its Civil Code, thereby limiting the enforcement of indemnification clauses upon design professionals working for public agencies. Much positive hype and commentary has...
by Kent Holland | Dec 15, 2010 | duty to defend, Newsletter Article
There is no common law duty of a consultant to defend its client against third party actions. That duty can only arise as a result of a contractually liability created through the indemnification clause of the contract. Since this is a contractual liability, it is...
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