CONTRACTUAL LIABILITY: Superior Court holds that lessee is not contractually obligated to “defend” lessor:

7/5/2017 | Joseph M. Busher Jr.
jmbusher@jacksonokeefe.com

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Joseph M. Busher Jr.

CONTRACTUAL LIABILITY: Superior Court holds that lessee is not contractually obligated to “defend” lessor:

Where an indemnity provision contained within a lease provided that the lessee was required to indemnify the lessor and further provided “this obligation to indemnify shall include reasonable legal costs,” there was no genuine duty to defend.  The court held that the lessor could only seek indemnification, not defense, a loss that would be conditional on a finding of liability against the lessor.  In denying the motion for summary judgment with regard to a crossclaim seeking a defense and indemnification, the court also concluded that it was premature to find that a duty to indemnify existed.  The court stated that it would reserve judgment until “the fact issues necessary to determine whether the plaintiffs will even be successful in establishing liability for the alleged negligence of any defendant in the underlying tort case are resolved at trial.”  Lorenzana v. Hartford Comedy, Inc., 2016 WL 7355974 (Conn. Super. Noble, J.)

If you have a possible claim, you will need to review your options timely. For assistance, call the attorneys at Jackson O’Keefe now at (860) 276-8100.

With offices in Southington and Wethersfield, as well as satellite offices in East Haddam, Bloomfield, Farmington, and Marlborough our lawyers strive to meet the needs of area residents, making getting your legal services easier than ever.  Call us now to speak with us about your case. (860) 278-4040 during business hours or 860.966.7436 any time, or email us any time at info@jacksonokeefe.com

Our East Haddam Satellite office:  
51 Dolbia Hill Road
East Haddam, CT 06420
Phone: 860.873.2994

 

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