Contractual Duty to Defend Kicks In When?

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Recent Oregon Circuit Court decisions and discussion from a few on the judicial bench suggest that Oregon law may be interpreting the duty to defend in construction contracts as arising from the time a lawsuit is filed, irrespective of ultimate fault. In other words, even though Oregon's anti-indemnity statute disallows indemnity for the fault of the indemnitee, the indemnitor may still be required to defend from date of tender even though the extent of the indemnitee's fault won't be determined for many months. In a recent article in the Daily Journal of Commerce, C. Andrew Gibson discusses uncertainty that other jurisdictions have injected into the issue and how Oregon would benefit from getting ahead of the curve of this debate.

Read the full article at the Daily Journal of Commerce website. Subscribers only. Contractual Duty to Defend Kicks In When?

"Contractual Duty to Defend" was originally published July 17 in the Daily Journal of Commerce.

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C. Andrew Gibson
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