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

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CONTRARY INTENT WITH EXAMPLE… The term “defend” as used in this clause will be handled as a reimbursement of reasonable defense costs incurred by the District in an amount equal to the percentage of fault as ultimately determined by a court of competent jurisdiction. For example, if there is a claim and $100,000.00 in reasonable defense costs are thereafter incurred after a written tender of defense by District to Testing Company and the court determines that the Testing Company is 60% responsible, then the Testing Company and/or its insurance carrier shall reimburse the District in the amount of $60,000.00.
OTHER ISSUES OF CONTINUED CONCERN • Limitation of liability clauses • Consequential damage waivers • Dispute resolution options • Mediation • Arbitration • Litigation • Prevailing party clauses – HOT BUTTON ISSUE • Incorporation by reference 45
Page 1 and 2: “SAY BAH HUMBUG TO CONTRACTUAL IN
Page 3 and 4: Copyright Materials This presentati
Page 5 and 6: Learning Objectives Participants wi
Page 7: STATE OF BUSINESS • SOFT • FLAT
Page 10 and 11: INDEMNITY - DEFINED in-dem-ni-ty 1.
Page 12 and 13: INDEMNITY IS A 4 LETTER WORD!!
Page 14 and 15: INDEMNITY - COMMON LAW APPROACH Ind
Page 16 and 17: INDEMNITY - CALIFORNIA STATUTES The
Page 18 and 19: INDEMNITY - STATUTORY LIMITATIONS C
Page 20 and 21: INDEMNITY - CONSTRUCTION CONTRACTS
Page 22 and 23: CIVIL CODE SEC. 2782 Summary: • I
Page 24 and 25: “GNARLY” NEW CALIFORNIA CASES
Page 26 and 27: CRAWFORD V. WEATHER SHIELD (2008) 4
Page 28 and 29: UDC - UNIVERSAL DEVELOPMENT V. CH2M
Page 30 and 31: AB 573 SEPT. 2006 • ACEC-CA and o
Page 32 and 33: OTHER STATES - • Texas = Indemnit
Page 34 and 35: SB 972 SEPT. 2010 2782.8. (a) For a
Page 36 and 37: ONEROUS INDEMNITY CLAUSE LANGUAGE I
Page 38 and 39: SAMPLE INDEMNITY CLAUSE - PRIVATE E
Page 40 and 41: SAMPLE INDEMNITY AGREEMENT-FURTHER
Page 42 and 43: SOME THOUGHTS ON HOW TO DEAL WITH C
Page 46: Thank you! Questions/Comments? (Don

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

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