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Indemnification in California Still Includes Automatic Duty to Defend – Court Relies on Crawford v. Weather Shield

by Kent Holland | Aug 2, 2019 | indemnification clause, Newsletter Article

Pursuant to the indemnification clause of a subcontract, the subcontractor owed its prime contractor a duty to defend against a third party negligence claim. The duty arose when the claim was made. Citing the important case precedent of Crawford v. Weather Shield, the...

The Unrelenting Tide of the Duty to Defend

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...

The Expanding Reach of the Crawford Decision and the Impact On Construction Indemnity Agreements

by Kent Holland | Mar 28, 2012 | indemnification clause, Newsletter Article

By:  Michael D. Wilson, Jr. Gordon Rees, LLP 275 Battery Street Suite 2000 San Francisco, CA 94111 (415) 986-5900 In the period since the California Supreme Court published the seminal decision in Crawford v. Weathershield  (“Crawford”) and refused to consider or...

Assignee of Contract Indemnification Rights under a Design-Build Contract Stands in Shoes of Indemnitee and is Entitled to Recover Defense Costs

by Kent Holland | Jan 3, 2012 | indemnification clause, Newsletter Article

Where  a firm (Parsons Infrastructure) entered into a contract to design and construct a soda ash processing plant for Kerr-McGee Chemical Corp (KM) and agreed to provide KM with a defense and indemnity against losses arising out of negligent performance of its work, ...

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