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Contractual Liability Exclusion in Homeowner Policy Does not Bar Carrier’s Duty to Defend against Tort Claims for Damages arising out of Negligent Excavation

by Kent Holland | Jan 22, 2019 | Newsletter Article

A homeowner insurance policy was required to defend the homeowner/seller of a house against a personal liability lawsuit by a purchaser that alleged damages resulting from a rock slide allegedly caused by the seller’s breach of contract and negligence. The carrier...

Contracts for Design Professionals – 4

by Kent Holland | Nov 16, 2014 | Contracts for Design Professionals

Contract Guide and Course for Design Professionals – module 4 of 9. An AIA Continuing Education registered course. Discussion of the following contract areas: incorporation by reference, indemnification clause, contractual liability, and insurance.  Course...

Contractor’s CGL Insurance Carrier Must Pay Attorney’s Fees Awarded to Plaintiff against Insured Despite No Coverage for the Compensatory Damages that Were Awarded

by Kent Holland | Aug 14, 2013 | Newsletter Article

In a very strange (and I believe wrongly decided case), the Supreme Court of Idaho held that where a contractor was defended by its commercial general liability (CGL) carrier, and was found liable for breach of an implied warranty of workmanship in performing the work...

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