Construction Law Panel Discussion CLE
May 1, 2015
4-5 pm
Members Only
This panel discussion will examine the impact and case rulings following the 2007 adoption of the "Anti-Indemnity" section of § C.R.S. 13-21-111.5. Panel discussion will include: 1) cases where the statute has been applicable; 2) the extent to which the statute impacts the subcontractors and design professionals’ duty to defend; 3) when the duty to defend is triggered; 4) whether the duty to defend encompasses pursuit of third-party claims or indemnification claims pursued in a separate venue; and, 5) issues faced by both subcontractors and design professionals (in response to a contractual tender to defend) and their insurance carriers in responding to an AI tender.
With regard to the AI tender the panel will address the scope of the insurer’s duty to defend an additional insured under standard AI endorsements and the interplay between a carrier's additional insured obligations and the anti-indemnity language of the statute. Finally, the group will examine whether the anti-indemnity statute impacts contractual limitation of liability clauses.
Presented by:
Marisa Ala, Palumbo Bergstrom, LLP
Scott Wilkinson, Davis & Ceriani, P.C.
Heather Whitman, McConaughy & Sarkissian, P.C.
Construction Law Committee
Janet Wells, Chair, Ray Lego & Associates
David McLain, Vice Chair, Higgins, Hopkins, McLain & Roswel
Gregg Rich, Board Liaison, Markusson Green & Jarvis