Insurance, Indemnity and Contribution: Coverage Implications
Reconciling Competing Indemnity Obligations and Insurance Provisions
Recording of a 120-minute CLE webinar/teleconference with Q&A
Conducted on Thursday, January 26, 2012
Recorded event now available
This CLE webinar will provide insurance counsel with a roadmap for understanding the statutory and common law on contribution and indemnification. The panel will analyze disputes that arise when reconciling indemnity agreements and insurance provisions, and outline best practices for drafting indemnification language.
Description
Indemnification agreements are widely used to shift risk in a variety of commercial transactions. Insurance coverage counsel must understand the impact of indemnity agreements on insurance—who is ultimately responsible for the claim, and when and how is this responsibility shared?
Coverage disputes often arise in reconciling indemnity agreements and insurance policies. Other insurance clauses and exclusions for liabilities assumed by contract provide ample grounds for disputes and litigation.
The indemnitor must negotiate contractual provisions that limit the scope of the indemnification. The party seeking indemnification must negotiate provisions that address the indemnitee’s negligence, additional insured status and scope of defense.
Listen as our authoritative panel of insurance attorneys discusses the law of contribution and indemnity and how to reconcile contractual indemnity language with insurance policy provisions. The panel will offer best practices for drafting contractual indemnification provisions.
Outline
- Contribution and Indemnification
- Contribution—comparative fault, statutory contribution, effect of settlement
- Indemnity—contractual, implied, imposed by law
- Contractual indemnification—limitations, duty to defend, right to independent counsel, additional insured provisions
- Reconciling indemnity obligations and insurance policies
- Other insurance clauses
- Exclusion for liability assumed by contract
- Evaluating and drafting indemnity provisions
- Indemnitor perspective
- Indemnitee perspective
Benefits
The panel will review these and other key questions:
- What are the parameters of statutory and common law indemnity and how can parties alter these obligations contractually?
- What are common types of "other insurance clauses" and how do they interact?
- How can counsel craft effective contractual indemnification provisions that protect the clients—whether the indemnitor or indemnitee?
Faculty
John S. Vishneski,
Partner
Reed Smith, Chicago
He focuses his practice on complex insurance coverage litigation with an emphasis on toxic tort, environmental and intellectual property insurance coverage disputes. He has represented clients in insurance coverage disputes involving diverse types of insurance, including First Party Property, General Liability, Directors & Officers and Employment Practices Liability policies.
Robert M. Fineman,
Partner
Duane Morris, San Francisco
He practices in the areas of commercial and insurance coverage litigation with an emphasis on complex litigation involving contract disputes and environmental matters. He handles matters involving coverage and bad faith allegations, business disputes, construction defects, subrogation and contribution, toxic torts, regulatory issues and environmental matters.
Ordering
Online CLE - Audio Recording
Includes audio streaming of full program plus handouts (available 24 hours after live seminar).
CLE:
Pre-approved for participatory or non-traditional/alternate format credit in: CA, HI*, NY*, WV*.
Pre-approved for self-study credit in: AK, AZ, MO, MT, TX*, VT, WA.
Upon request, also available in: CO, CT*, FL, GA, ID, KY, LA*, ME, NC, ND, NE, NH, NM, NV, OR*, SC, TN, UT, WI, WY. If you are applying for credit in one of these states, make sure to select those states when placing your order.
(*Indicates that Strafford must report attendance.)
Online CLE Audio $297.00
Available 24 hours after the live event
Recorded Event
Includes full event recording plus handouts (available after live seminar).
CLE: Pre-approved for self-study credit in: AK, AZ, CA, CT, HI, MO, MT, NY, TX*, VT, WA, WV. Upon request, self-study credit is also available in: CO, FL, GA, ID, KY, ME, ND, NE, NH, NM, NV, OR, UT, WI, WY. If you are applying for self-study credit in one of these states, contact Strafford CLE at 1-800-926-7926 ext. 35 or CLE@straffordpub.com. (*Indicates that Strafford needs to process the CLE — see below to purchase this option.)
Webinar Download (Slide Presentation with Audio) $297.00
Available three business days after the live event
DVD (Slide Presentation with Audio) $297.00
plus $9.45 S&H
Available ten business days after the live event
MP3 Download (Audio with Slide PDFs) $297.00
Available 24 hours after the live event
CD (Audio with Slide PDFs) $297.00
plus $9.45 S&H
Available ten business days after the live event
Webinar/Teleconference
Strafford webinars/teleconferences offer several options for participation: online viewing of speaker-controlled PowerPoint presentations with audio via computer speakers or via phone; or audio only via telephone (download speaker handouts prior to the program). Please note that our webinars do not feature videos of the presenters.
CLE Credit
Strafford's live seminars qualify for CLE in every state that accredits webinars. They offer you a high quality, cost effective, and convenient CLE option, with no lost travel time or expenses.
Customer Reviews
The speakers did a nice job on a complex topic. I particularly liked the discussion of the hypothetical indemnification contracts.
James McShane
Sheppard, Mullin, Richter & Hampton
The speaker's use of practical examples and not just talking about legal concepts, was very good.
Jeffrey Kaplan
Gaglione, Dolan & Kaplan
This seminar covered a lot of territory in a short period of time. It also assumed that the attendees had a significant level of experience coming into the program, which I did.
Louis C. Long
Pietragallo
I enjoyed the speaker's helpful insights for insurance practitioners and I particularly liked their 'best practice' tips.
Daina Bray
Phelps Dunbar LLP
I liked the topic and the fact that Strafford kept to the time schedule.
Susan Piperno
Gottlieb Rackman & Reisman, PC
Insurance Law Advisory Board
Partner
Farella Braun + Martel
Partner
Nelson Levine deLuca & Horst
Counsel
Reed Smith
Partner
Chamberlin, Keaster & Brockman
Counsel
Carter Ledyard & Milburn
Partner
Clyde & Co.
Partner
Barger & Wolen
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