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Insurance Coverage/Indemnity/Construction Contracts

Insurance Coverage / December 7, 2008

Court/Case No:  Michigan Court of Appeals/Case No. 272350

Tried/Argued Before: Judges

Demand: Indemnity, coverage for client's insured, affirmation of trial court (Oakland Circuit, Nichols, J) decision granting motion for summary

Verdict: COA affirmed trial court, resulting in expected recovery of indemnity in excess of $600,000.00, paid on behalf of insured in satisfaction of underlying judgment. Case remains pending om remand to circuit court.

Name of Judge(s): Schuette, Borrello & Gleicher, Per Curiam

Keys to the Case:

Effect of abolition of joint and several liability on contractual indemnity where fault allocated among defendants in underlying case resulting in the insured obtaining indemnity for damages attributed to its “own fault.” Court held that Tort Reform Act did not impact contractual indemnity where the underlying plaintiff’s injury was not due to the sole negligence of the party seeking indemnity.


Defense SW attorney(s) Involved in Case:


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