Construction,
Appellate Practice
Nov. 4, 2020
Appellate ruling confirms duty to defend is immediate
A recent decision confirms that the duty to defend is immediate and, as can be surmised from the Crawford decision although it’s not expressly stated in that decision, is not a factual issue to be determined by a jury.
Garret D. Murai
Partner
Nomos LLP
Email: gmurai@nomosllp.com
Garret is the editor of the California Construction Law Blog at www.calconstructionlawblog.com.
It's not uncommon for construction contracts to include indemnity provisions requiring the indemnitor (typically, the lower-tiered party) to "defend, indemnify and hold harmless" the indemnitee (typically, the higher-tiered party) from third-party claims. But when an indemnitor refuses to defend an indemnitee, who gets decide that issue, the jury or the court?
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