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Title and summary Date/time
Allegations of Negligence
Design professionals should realize that an allegation by your client that you were negligent is not sufficient to trigger liability. Anybody claiming that the design professional was negligent in the performance of professional services has to prove ...
Aug 1, 2013
10:50:00 AM
Review Indemnification Provisions Carefully
Indemnification provisions that are not limited to the extent of a design professional’s negligence may result in claims that are not covered by professional liability insurance. We were recently asked to review the following Indemnification ...
Jun 9, 2011
3:55:00 PM
Client’s Implied Warranty of the Adequacy of Plans
In United States v. Spearin (1918), the U.S. Supreme Court held that a contractor will not be liable to the client for loss or damage caused solely by inadequate information in the plans and specifications that the client provides to the contractor. Over ...
Apr 21, 2011
10:58:00 AM
Indemnity: Limited "to the extent" of insured's negligence
The professional liability policy provides coverage for claims to the extent that they were caused by the insured’s negligent acts, errors, or omissions. Professional liability insurance only pays for damages caused by the insured, not for damages ...
Mar 22, 2011
9:02:00 AM
Waiver of Subrogation Rights
When a party pays a claim caused by the negligence of another, the party who paid the claim is legally entitled to step into the shoes of the negligent party and pursue any claims that the negligent party may have. This concept is known as subrogation. ...
Mar 18, 2011
9:26:00 AM