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
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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