The Court of Appeal Reconciles Conflicting Indemnity and Covenants to Insure: There is no Legal Rule that a Covenant to Insure necessarily bars Litigation
The Court of Appeal’s latest word on tort immunity is a good reminder of the importance of proper contractual interpretation, particularly where covenants to insure and indemnity obligations conflict with each other. Tort immunity refers to both covenants to insure and waivers of subrogation that prevent one party (or its insurer through a subrogated action) … Continued