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DPLE 101 Professional Liability Risk Management - RLI Design ...

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UDC - UNIVERSAL DEVELOPMENT V. CH2M HILL (2010)<br />

181 CAL.APP.4 TH 10<br />

UDC Decision:<br />

• A promise to indemnify “implicitly embraces<br />

the cost of defense” (unless a contrary<br />

intention appears)<br />

• Duty to defend is separate from the<br />

obligation to indemnify and not contingent<br />

on a finding of negligence<br />

• Duty to defend “necessarily arises as soon as<br />

such claims are made”<br />

29

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