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Case Name | Hartford Casualty Ins. Co. vs. Mt. Hawley Ins. Co. | |
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Date | 10/21/2004 | |
Note | Where a general contractor is not liable to a subcontractor under an indemnity provision, so the general contractor's own insurer is not liable to the subcontractor's insurer for an employment injury.. | |
Citation | 123 Cal. App. 4th 278 | |
WCC Citation | WCC 30612004 CA |
Valley Metal fulfilled that obligation by purchasing a CGL policy from Hartford Casualty Insurance Company (Hartford), effective through April 27, 2000. Hawley addressed, but failed to resolve, the issue of whether Hartford would provide PCS with indemnity. Per the contract, Hartford policy is primary and indemnification is owed for all except sole negligence or willful misconduct of [PCS]. "Hawley Insurance Company is facing a large potential exposure, and they should participate and contribute toward a resolution of this claim. "Hawley, seeking declaratory relief, contribution, and indemnity based on the amounts Hartford had paid to defend and settle the lawsuit by Cortez and Fremont.
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