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UT Dallas decides to build a new 5 story parking garage on campus to alleviate the parking problem. The University enters into a contract with
UT Dallas decides to build a new 5 story parking garage on campus to alleviate the parking problem. The University enters into a contract with the Elvis Andrus Construction Co. to be the General Contractor (GC) in the construction of the garage. The GC uses subcontractors for the actual construction of the garage. The GC writes the swb contracts and includes an insuring requirement in each. The insuring requirement says that each subcontractor must have a CGL policy and that Elvis Andrus Construction is to be an additional insured on the policy per a CG 20101185 endorsement. Michael Kopech,Electric (MKE) is the electrical suh contractor for the garage construction project. MKE purchases the requisite CGL policy from Alabama Indemnity Co. During the construction project and while the CGL policy is in effect, Josh Harrison, an electrician employed by MKE, is injured when some scaffolding falls on him while he is working. Harrison files a lawsuit against the general contractor asserting it was negligent for failing to properly inspect the safety of the scaffolding and seeks $1M in damages. The GC timely notifies Alabama Indemnity of the lawsuit and asks for coverage. 1. Is Alabama Indemnity contractually obligated to defend and indemnify the GC for Harrison's claim? Explain using the language of the policy and the CG 20101185 (a sample is located on eLearning in the Week 2 Folder) 2. Assume Alabama Indemnity agrees to defend and indemnify the GC for Harrison's claim. Is the $1M limit reduced by the defense costs Alabama Indemnity will incur in defending the lawsuit? Explain your answer using the language form the policy
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