You are a contractor working on a job site on an ordinary day. Suddenly, without warning, there is an accident and spillage of chemicals. It heads down the hillside for a pond or storm drain. Speedy action by you and other contractors on the job site contains it. Proper calls are made to the right governmental agencies.
The Stowers Doctrine holds that a liability insurer that undertakes the defense of an insured has a duty to act in good faith in settling a liability claim. It is named for a seminal Texas case, G. A. Stowers Furniture Co. v. American Indem. Co., 15 S.W.2d 544 (Tex. Comm'n App. 1929).
According to the International Risk Management Institute (IRMI), Action Over is a legal action involving an injured employee, when after collecting workers compensation benefits from the employer, decides (most often at the guiding hand of counsel) to pursue a third party for allegedly contributing to the employee’s injury.
Your employee is on a job site, working on a ladder. Even over the noise, the sound of the cracking is so loud that his coworkers stop suddenly and watch the slow-motion fall as the worker descends to the ground. It is a gruesome injury, a greenstick fracture. Bones protruding from the flesh. EMS responds. There is a biohazard clean up on site due to the amount of blood lost.
Dealing with in-home sales has its drawbacks, but it is a vital aspect of working with homeowners. Always ensure that your contracts are compliant, contain language that complies with current legislation...