We counseled a design-build client facing a personal injury lawsuit – advising it on how to liaise with its own insurance broker, ensuring that it received the benefits of its own insurance coverage – while taking advantage of thoughtful contract provisions that were negotiated before the injury which allowed it to tender its defense to the culpable party’s insurer – a “targeted tender” – under the client’s status as an additional insured under the culpable party’s insurance policy. This helped mitigate the client’s exposure, illustrating the benefits of well-drafted contracts and proactive risk management
