Tag Archives: contractual indemnity

Does the Causation-Trigger Wording of an Additional Insured Endorsement Matter?

When two companies agree to work together, they will try to allocate the risk of something going wrong to the company that’s in the best position to prevent that from happening. For example, in the construction industry a general contractor will usually try to push risks from construction defects onto the subcontractors. That risk-transfer usually … Continue Reading

Additional Insured Promises Mean Companies May Pay Twice for Employee Injuries

Most business owners understand that in exchange for paying premiums for workers compensation insurance, they get immunity from suit from their own injured employees.  This is usually referred to as the workers compensation “exclusive remedy”: if an employee accepts workers compensation insurance benefits, the employee may not sue the employer (subject to certain exceptions for … Continue Reading

Oregon Employer Liability Ruling Highlights Importance of Additional Insured Status

Earlier this year the Oregon Supreme Court expanded the potential liability of contractors and others for injury to employees of others on a job site, making it more critical than ever for contractors to ensure that they have additional insured protection. In Yeatts v. Polygon Northwest, an employee of a framing subcontractor on a building project … Continue Reading

New Oregon Decision Impacts Umbrella Coverage and Additional Insured Status

A new decision from the Oregon Supreme Court on indemnity agreements may impact one of the most headache-inducing negotiating points in indemnity contracts: “additional insured” coverage under umbrella policies.  Common assumptions about what to require as “additional insurance” may need to be re-examined as a result. General contractors usually demand that subcontractors procure primary-layer liability … Continue Reading

Did the Ore Sup Ct Abolish Common Law Indemnity for Defense Costs?

“Frequent-fliers” in the world of construction-defect litigation know that defense costs are often the biggest exposure, particularly for subcontractors.  That is why securing a paid-for defense from an insurance carrier is such a hot topic on this blog (and elsewhere).  And whether there is insurance to cover defense costs or not, defendants in complex disputes … Continue Reading

Ore. Appeals Court Important Holding on Construction Indemnity Agreements

Just as the ball began to fall in New York to herald the New Year Oregon’s Court of Appeals issued an important ruling on contractual indemnity agreements in construction contracts.  The decision isn’t directly on insurance coverage, but is important because of the overlap between additional insured issues, contractual indemnity, and Oregon’s “anti-indemnity” statute (ORS … Continue Reading
LexBlog