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Over $400,000 In Defense Fees And Indemnity Recovered
Sep 20, 2014 Defense
Chris Pickett: After our client was target-tendered by a general contractor, our client assumed the defense and indemnify of the general contractor in exchange for an assignment of rights against another CGL carrier. Having paid over $400,000 in defense and indemnity payments, our client sued the defendant CGL carrier under […]
Chris Pickett: After our client was target-tendered by a general contractor, our client assumed the defense and indemnify of the general contractor in exchange for an assignment of rights against another CGL carrier. Having paid over $400,000 in defense and indemnity payments, our client sued the defendant CGL carrier under a theory of equitable subrogation and as the general contractor’s assignee. We obtained summary judgment by arguing that the defendant carrier owed a duty to defend, that its “tender to all carriers” condition was unenforceable, that the defendant carrier breached its duty to defend, and that the defendant carrier had waived and was estopped from asserting any defense to indemnity.