Permissible Scope of Indemnification in Construction Contracts State Law Survey


Summary

This survey addresses the permissible scope of indemnification in construction contracts. Indemnification agreements are not coverage issues in the purest sense of the word. Coverage includes all 50 U.S. states and the District of Columbia. For an overview article that supplements this survey, see Permissible Scope of Indemnification in Construction Contracts. Indemnification agreements become insurance issues because commercial general liability policies typically provide coverage for an insured's obligation to assume the tort liability of another party to pay for bodily injury or property damage to a third person or organization (i.e., an indemnification agreement). An insurer that stands to be required to provide coverage to its insured, for its insured's contractual indemnification obligation, is likely to have a lot of interest in whether its insured will in fact be liable for such obligation. Despite indemnification agreements existing outside of the insurance relationship, those...