Georgia H.B. 943: Prohibiting the Use of Broad Form Indemnification and Duty to Defend Clauses in Georgia

Georgia House Bill 943: Prohibiting the Use of Broad Form Indemnification and Duty to Defend Clauses in Georgia

By Jeff Mitchell, RPLU, AU, INS

Insurance Office of America (IOA)

THE GROWING PROBLEM
For years, architects and engineers have had to contend with clients demanding that they sign contractual provisions in which the were coupled with verbiage that saddled the design professional with an additional duty to defend the client against any claims arising out of the project, even before the question of whose negligence caused the claim had been established. However, the professional liability insurance that engineers or architects are covered by does not insure these types of additional contractual liabilities. Engineers
and architects who sign contracts with these taking on this uninsurable potential liability.

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