http://blog.cuyler.com/2008/04/17/turf-war/ Musings on New Jersey Law or "A buncha lawyers rowing and blogging..." Tue, 06 Jan 2009 21:54:52 +0000 http://wordpress.org/?v=abc http://blog.cuyler.com/2008/04/17/turf-war/#comment-286 Chris Alviggi Sat, 19 Apr 2008 18:02:46 +0000 http://blog.cuyler.com/?p=53#comment-286 An insurance companies duty to defend is much broader than its duty to indemnify. It would be prudent to mitigate exposure to loss at contract execution rather than scrambling post loss. Pre loss mitigation can include but not limited to contract negotiation including tightening up on indemnity provisions and more importantly survival of those indemnity obligations. Additionally clients may may to make sure the General Liabilty policy contains an absolute pollution exclusion with a "carve out" for products pollution. If not attainable, clients or suppliers of the field could purchase a contractors pollution liability insurance policy which will provide indemnity and defense obligations after the project is accepted by the owner. As as alternative, owners could purchase a pollution legal liability which will provide the owner with dedicated limits and more importantly, contains an absolute duty to defend the owner. An insurance companies duty to defend is much broader than its duty to indemnify. It would be prudent to mitigate exposure to loss at contract execution rather than scrambling post loss. Pre loss mitigation can include but not limited to contract negotiation including tightening up on indemnity provisions and more importantly survival of those indemnity obligations. Additionally clients may may to make sure the General Liabilty policy contains an absolute pollution exclusion with a “carve out” for products pollution. If not attainable, clients or suppliers of the field could purchase a contractors pollution liability insurance policy which will provide indemnity and defense obligations after the project is accepted by the owner. As as alternative, owners could purchase a pollution legal liability which will provide the owner with dedicated limits and more importantly, contains an absolute duty to defend the owner.

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