violated Wisconsin statute 895.447, which states that provision of a construction contract that eliminates tort liability
"is against public policy and void."
Because each particular tortious breach related to a duty or an obligation that was specifically required by the contract, the court held the acts fell squarely within the breach of contract context and did not give rise to tort liability
Adelman Law Firm's team of legal professionals will serve the public in the areas of medical malpractice, long-term care and aging services, professional liability, general litigation, insurance defense, government tort liability
, public entity defense and risk reduction and loss avoidance.
The subject of the insurance is civil liability for tort (tort liability
), As well as non-performance or improper performance of the obligation (contractual liability).
But those same policies usually have an exception, among others, by which coverage is available for contracts or agreements in which the policyholder assumes the tort liability
of another party for bodily injury or property damage to a third person or organization.
IIAA and ISO disagree on whether the current, unrevised CGL policy covers defense costs in addition to tort liability
coverage--bodily injury or property damage--as part of the policy's pass-through mechanism, Katten said.
"A Theory of Tort Liability
" by Allan Beever (Professor of Law at Auckland University of Technology) provides a comprehensive theory of the rights upon which tort law is based and the liability that flows from violating those rights.
Many contractually assumed liabilities are excluded under CGL policies, but the "insured contract" exception recognizes coverage for contracts or agreements pertaining to the policyholder's business under which the policyholder assumes the tort liability
of another party to pay for bodily injury or property damage, among other things, to a third person or organization.
That part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability
of another party to pay for "bodily injury" or "property damage" to a third person or organization.
Luck (Miami), a member of the appellate and trial support, national trial, and products and toxic tort liability
practice groups; Ilan A.
Second, immunity from suit creates precisely the moral hazard problem that private sector tort liability
is meant to ameliorate.
The defined term "insured contract" consists of five automatic-types of hold harmless agreements and an additional one referred to as "tort liability