When utility property is damaged as a result of the actions of a driver or excavator, the insurance company cannot be named in a lawsuit by virtue of the insurance policy itself. The driver or excavator is the holder of that insurance policy, and as a result, case law in most states has held that a damaged third part
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It's often hard to know when equipment in the field is defective, as many things wear over time. Inspecting equipment is critical, to avoid incidence of resulting damage. When equipment is defective, and damages occur as a result, the utility is exposed to liability. In general, most states find that the utility, lik
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