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not apply to liability assumed by you under any contract unless you would have been liable in the absence of such contract. In essence what this exclusion is saying is that there is coverage for common law negligence but if a professional agrees to expand their liability by contract the insurer will not cover such expanded liability. The impact of a type 1 indemnity is that it may require the professional to indemnify the client for the client’s own concurrent negligence and pay for the defense of the client.

AB 573 will apply to all public entity contracts and amendments thereto except for contracts with the State of California entered into on or after January 1, 2007. It further provides that this act shall not be waived by contractual agreement.


We hope you found this issue of Stamped, Sealed and Delivered to be informative and worthwhile. If you have any questions or comments regarding the articles in this newsletter, or you would like to submit topics for future issues, please contact Dana Coleman Caparoso at 732.205.9297 or at dcaparos@travelers.com.

St. Paul Fire and Marine Insurance Company and its property casualty affiliates 499 Thornall Street Edison, NJ 08837 800.272.1088

The suggestions contained in this publication are not legal advice and are not for the benefit of any other party. Implementation of any practices suggested by this document is at your sole discretion. Travelers disclaims all warranties, express or implied, and assumes no liability to any party for any damages arising out of or in connection with the information presented. This material does not amend, or otherwise affect, the provisions or coverages of any insurance policy issued by Travelers. It is not a representation that coverage does or does not exist for any particular claim or loss under any such policy. Coverage depends on the facts and circumstances involved in the claim or loss, all applicable policy provisions, and any applicable law. Availability of coverage referenced in this document can depend on underwriting qualifications and state regulations.


© 2006 The St. Paul Travelers Companies, Inc. All rights reserved. Ed. 10-06


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