Topic
Indemnity
406 published works
British Columbia Insurance Blog
An owner of a property could be liable for the negligence act of their property manager.
Based upon the interpretation of a Property Management Agreement (the "PMA") the Court held that an Owner was responsible for damages sustained by the plaintiff as a result of slip…
InsureReinsure
Duke University and Its Insurer Dispute Whether Insurer is Liable for Defense Costs and Indemnification Relating to Duke Lacrosse Rape Case and Settlements
On November 24, 2008, Duke University and its affiliate, Duke University Health Systems, Inc. (“DUHS”; collectively with Duke University, “Duke”) filed a federal action alleging that Duke’s insurer had acted…
British Columbia Insurance Blog
The common law does not necessarily preclude an independent claim for funds paid by the insurer, even when the insured has resolved his or her claim in an earlier lawsuit.
A successful application by the Plaintiff to amend the pleadings to assert that a third party, an insurer who had indemnified them, was advancing a claim against the remaining defendant…
British Columbia Insurance Blog
In an insurance policy the obligation to defend an insured is broader than the obligation to indemnify.
The Applicants, who were in the house moving business successfully applied for a declaration that their insurer had a duty to defend them against an action for damages that allegedly…
Delaware Corporate & Commercial Litigation Blog
Chancery Distinguishes Between Promise and Condition in Contract to Deny Indemnification Claim
In TravelCenters of America LLC v. Brog, (Del. Ch., Dec. 5, 2008), read opinion here, the Chancery Court denied a claim for indemnification based on the argument that the provisions of the parties'…
Constructlaw®
United States District Court in New Jersey Considers Effect of Waiver of Consequential Damages and Damages Cap on Indemnification Provisions Contained in Architect’s Contract
By Constructlaw
Atlantic City Associates LLC v. Carter & Burgess Consultants, Inc. 2008 U.S. Dist. LEXIS 93684 (D.N.J. Nov. 13, 2008) The United States District Court for the District of New Jersey…
The Contingency
Annals of Conflict of Laws: Texas Supremes Go for Clever Over Cogent
Cudd and its insurer hope to avoid Cudd's promise to indemnify for an oilfield accident. A Master Service Agreement between Sonat Exploration and Cudd Pressure Control contemplated that Cudd…
Boston ERISA & Insurance Litigation Blog
Revenue Sharing, Fees, Indemnity and Contribution: A Potpourri of Hot Button Issues Confronting Fiduciaries
So you’re an amateur fiduciary, nominally in charge of a company’s pension plan or 401(k) plan but generally relying on your outside vendors and service providers for substantive advice and…
Food Liability Law
Another Reminder Why Indemnification and Insurance Requirements Are Important
By Kenneth Odza
Last month, a state judge in Minnesota awarded summary judgment to a lettuce supplier of restaurants associated with an E. coli outbreak in 2006. The restaurant supplier brought suit against…
British Columbia Insurance Blog
A disability insurer cannot set off damages with a right of subrogration. A reimbursement clause may be necessary.
Successful appeal by the Insurer from a decision confirming the Insured's entitlement to past and future disability benefits under a group insurance policy. This case was summarized in the Lawyers…