Corporate
Oct. 1, 2010
Determining Triggers: Duty to Defend or to Indemnify
A landmark case on indemnity agreements gives new meaning to the scope of work documents and negotiation history, especially for architects and engineers, by Jim Murphy of Murtaugh, Meyer, Nelson & Treglia.
Crawford v. Weather Shield, 2008 DJDAR 11114, California's leading case on the duty to defend contained in indemnity agreements, is unambiguous as to when this duty is triggered. Crawford provides for a broader obligation to defend than the related duty to indemnify; and circumstances obviating the duty to indemnify are not determinative of the duty to defend. This was made clear in both Crawford and UDC-Universal...
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