The Latest Happenings

▣ Express Indemnity Agreements - Duty to Defend

posted by Michael Mathews on August 8th, 2008 at 3:25 PM (MST)

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Absent contrary language in the indemnity clause, the indemnitee under an express indemnity agreement is entitled to be defended by the indemnitor whether or not the indemnitor is ultimately held liable to indemnify the indemnitee against his damages.

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▣ Additional Insured Endorsements vs. Contract Indemnity Clauses

posted by Michael Mathews on August 8th, 2008 at 3:06 PM (MST)

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The scope of coverage under an additional insured endorsement is not limited by the terms of the contract indemnity clause.

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▣ Duty To Defend

posted by Michael Mathews on August 8th, 2008 at 2:42 PM (MST)

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Tender of defense must come during pendency of action to be defended.

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