November Roundtable: Contractual Indemnification and Insurance Procurement Provisions for Design Professionals
This month’s Roundtable focuses on risk management and allocation for design professionals through a review and evaluation of the spectrum of contractual indemnification provisions and insurance procurement provisions in project contracts.
Join us on Thursday, November 19th as David Rich addresses the following:
- The universe of available indemnification agreements and insurance procurement provisions, as well as the differences in scope among the varying agreements.
- Contractual indemnity and insurance procurement provisions are among the most important provisions that govern the scope of risk and responsibility for a given Project.
Massachusetts SJC Rules “Consent to Settle” Provisions Enforceable in Professional Liability Insurance Policies
by Jon C. Cowen
On December 16, 2019, in the case of Rawan v. Continental Casualty Company, the Massachusetts Supreme Judicial Court (SJC) issued an important decision affirming the right of design professionals, and their insurers, to include a “consent to settle” provision in professional liability policies. Donovan Hatem, LLP had filed a so-called amicus (friend of the court) brief in the case, on behalf of the American Council of Engineering Companies of Massachusetts (ACEC/ MA) and the Massachusetts Chapter of the American Institute of Architects (AIA/MA).