Contractual Indemnity: The Duty to Defend and the Effect of Coverage Under "Insured Contract" Provisions in Insurance Policies - 2022

Presented on: May 18, 2022. Presented by:Nicholas H. Rasmussen, Esq. - Partner, McCormick, Barstow, Shepherd, Wayte & Carruth, LLPSierra M. Smith, Esq. - Associate, McCormick, Barstow, Shepherd, Wayte & Carruth, LLP Please join us as we discuss the common categories of contractual indemnity clauses, the distinguishing language of such clauses, as well as the interpretation and application of indemnity language by California courts.In particular, the presentation will address:When the duty to defend a contractual indemnitee’s tender is triggeredWhen and how the duty may be extinguishedThe effect of failing to defend a properly tendered defense, as well as related considerationsAdditionally, the presentation will address the effect of tendering a contractual indemnitee’s defense under the indemnitor’s insurance policy, common policy language affecting the insurer’s, indemnitor’s, and indemnitee’s respective obligations in connection with such tenders and the potential erosion of