9th Circ. Says Ore. County Can't Collect $2.3M Defect Award
By Ryan Boysen (July 20, 2018, 8:31 PM EDT) -- An Oregon county can't sue a subcontractor's insurers to help pay for a damaged bridge, the Ninth Circuit affirmed Friday, finding that the insurance arrangement spelled out in the subcontractor's work agreement is strictly verboten under Beaver State law.
In Friday's unpublished decision a three-judge panel, which included U.S. District Judge Jed S. Rakoff sitting by designation, affirmed, saying that a situation that would have required subcontractor ZellComp Inc.'s insurers to indemnify another subcontractor for its own negligence is exactly what the Oregon statute in question was drafted to prevent.
"The history of the legislation makes it clear that the very...
Stay ahead of the curve
In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.
Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
Create custom alerts for specific article and case topics and so much more!