by Kent Holland | Nov 23, 2021 | Newsletter Article
The contractual liability exclusion in a professional liability policy is often used by carriers to deny coverage for liability of the Insured design professional (DP) that arises out of the indemnification article of a contract. For example, if the DP agrees to...
by Kent Holland | Feb 14, 2019 | Newsletter Article
A project owner and its subcontractors were entitled to be defended and indemnified under its contractor’s commercial general liability (CGL) policy. The “contractual liability” exclusion of the policy was not applicable because indemnity was afforded under an...
by Kent Holland | Dec 13, 2017 | indemnification clause, Newsletter Article
An indemnification clause in a contract between a school board and a general contractor contained an indemnification clause requiring the contractor to defend and indemnify the owner against all claims and damages even if caused by the owner. This violated the state’s...
by Kent Holland | Feb 17, 2014 | Newsletter Article
A contractor entered into an AIA standard form construction contract with a project owner to build additions to a school, including construction of tennis courts. After the courts were completed they began flaking, crumbling, and cracking – making them unusable. The...
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