Gray•Duffy Enforces Contractual Obligation to Defend and Indemnify; Recovers Attorney’s Fees and Costs from Third Party in Crane Accident Case

November 2012

Overview

Patrick Roberts of Gray•Duffy’s Encino office was able to establish that a third party was contractually obligated to defend and indemnify the firm’s client in a property damage claim, and the third party then provided reimbursement for the defense fees and costs that were incurred.

Discussion

David Montes dba DM Express v. Craig’s Crane & Services, Inc.

This case arose out of allegations that the plaintiff, a trucking company, damaged the property of a recycling facility. The firm’s client, a crane operator, was unloading a recycling machine when the machine dropped and damaged the truck that transported the machine.

Pursuant to the crane rental agreement between the firm’s client and the recycling company, the recycling company was obligated to defend and indemnify the crane operator from any and all claims and damages, including the property damage asserted by the plaintiff. The matter was tendered to the carrier for the recycling company who accepted the tender of defense. Further demand was made for reimbursement of all defense fees and costs incurred by the firm on behalf of its client, which were reimbursed by the third-party carrier.

Please Note: This article is necessarily general in nature and is not a substitute for legal advice with respect to any particular case. Readers should consult with an attorney before taking any action affecting their interests.