Duty to Defend
Duty to Defend Enforceable Even if Duty to Indemnify is Unresolved
December 6th, 2019
A Connecticut court, applying plain language in a subcontract, has held that the sub must defend the general contractor in an injured worker lawsuit, even if the sub’s obligation to indemnify the GC is not yet established. The worker was employed b…
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Insurer’s Duty to Defend Does Not Include Duty to Pursue Counterclaim
June 22nd, 2017
At first blush this seems simple: “defend” does not mean “prosecute.” But there is a split among jurisdictions as to whether the insurer’s duty to defend includes the duty to pursue a counterclaim that is factually intertwined with the defe…
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Categories: Insurance
Contract Indemnity and Duty to Defend vs. Insurance Duty to Defend
June 10th, 2016
A New Hampshire court has issued a thoughtful decision on the duty to defend arising from an indemnity obligation in a design contract. The court distinguished between the duty to defend often invoked for insurance coverage, from a duty to defend exp…
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Indemnity, Duty to Defend, and Timing
January 20th, 2016
The concept of indemnity gets a lot of press. With good reason, since an indemnity is one tool in the risk management shed. As a recent court decision shows, however, a duty to defend is different than an indemnity. And a party who seeks to establish…
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About Stan Martin
Stan Martin holds a law degree and an undergraduate degree in architecture. He has been involved with the construction industry for more than 45 years, working in construction prior to law school and beginning his construction law practice. During his career, he has been actively involved with the Associated General Contractors of Massachusetts, the Boston Society of Architects, the American Arbitration Association, and the Massachusetts Building Congress.