A contractor purchases primary liability insurance and an umbrella policy. Years later, a construction defect lawsuit arrives, but the primary insurer has become insolvent. Must the umbrella carrier “drop down” and provide the first-dollar defense and indemnity the primary insurer can no longer supply? The Colorado Supreme Court recently addressed that question in A.R. Wilfley […]
Colorado Construction Litigation Blog
For decades, Colorado law has recognized an important distinction between the duty to defend and the duty to indemnify. The former ordinarily arises at the beginning of litigation; the latter generally cannot be determined until the underlying liability is known. That distinction makes intuitive sense. A defense that becomes due only after litigation concludes is […]