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Focus (Forum & Focus)

Nov. 10, 2008

A Case of Mistaken Indemnity

The state Supreme Court's 'Crawford' ruling does not establish an immediate duty to provide a defense regardless of the language of indemnity provisions, writes Jad Davis. - Focus Column

FOCUS COLUMN

By Jad T. Davis

Interpreting an indemnitor's duty to defend obligations in California has been a speculative practice due to the absence of case law directly interpreting the duty to defend obligations separate and apart from the duty to indemnity obligations. The California Supreme Court opinion in Crawford v. Weather Shield Manufacturing Inc., 2008 DJDAR 11114, established guidelines to interpreting indemnity contracts, speci...

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