The legal process typically begins with a claim, which, if not resolved, can result in a lawsuit. There are steps a business should take to protect itself at the claim stage, or when a lawsuit is served. Larger businesses may have a risk manager with the formal training and experience needed to respond to a
Todd Rossi
Contractual Indemnity Coverage Under Someone Else’s Insurance Policy May Provide Coverage in Unexpected Places
By Todd Rossi & Mark Mese on
Almost everyone knows insurance policies provide a defense and indemnity for insureds, if the terms and conditions of the insurance policy are met. Insureds include named insureds, other insureds (as defined by the policy) or additional insureds as provided by endorsement. However, insurance policies may also provide payment and defense to others who are not insureds under the policies.
Most liability policies provide coverage to the insureds for liability when the insureds have contractually agreed to provide indemnity and/or defense to or party to a contract. A typical example of contractual indemnity coverage can be found in a construction contract to supply labor and materials related to electrical wiring in the construction of a home, office, pipeline or oil rig.
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Insurer’s Breach Not a Waiver
By Todd Rossi on
Does an insurer waive its policy defenses when it breaches its duty to defend? In Arceneaux v. Amstar Corp., 211 WL 2591701 (La. July, 2011), the insurer breached its duty to defend by issuing a denial of coverage and withdrawing from the insured’s defense. The insurer’s action was based on the mistaken belief that…