Drafting Indemnification and Hold Harmless Provisions in Commercial Contracts
Scope and Exclusions, Enforcement Hurdles, Interplay With Insurance Coverage
Recording of a 90-minute CLE webinar with Q&A
This CLE webinar will provide guidance to business counsel for drafting and negotiating indemnification and hold harmless provisions in commercial contracts. The panel will discuss key elements of indemnification agreements, including scope, exclusions and cost allocation; enforceability challenges; the interplay with insurance coverage; and tactics for avoiding common negotiation pitfalls.
- Drafting indemnification and hold harmless provisions
- Enforcing indemnification provisions
- Interplay with insurance coverage
The panel will review these and other key issues:
- What are the parameters of statutory and common law indemnity and how can parties alter these obligations contractually?
- How can business counsel best mitigate risk with indemnification and hold harmless provisions in commercial contracts?
- How have the courts’ varying interpretations of indemnification provisions impacted parties’ ability to shift liability in commercial contracts?
- What enforceability challenges do parties commonly face when seeking to make an indemnification claim?
Kenneth M. Gorenberg
Barnes & Thornburg
Mr. Gorenberg is a member of the firm’s Litigation Department and its Policyholder Insurance Recovery and... | Read More
Mr. Gorenberg is a member of the firm’s Litigation Department and its Policyholder Insurance Recovery and Counseling Practice Group. His insurance practice focuses on a number of complex issues for corporate policyholders. He assists clients in litigation, arbitration, and negotiation of a wide variety of business disputes. His commercial clients have included financial institutions, hoteliers, real estate developers, publishers, and web-based ticket brokers. He defends manufacturers, design engineers and premises owners in “bet the company” asbestos personal injury litigation.Close
Dorsey & Whitney
Ms. Pfeifer is a trial attorney and Co-Chair of the firm’s Insurance Law Practice Group. She represents clients... | Read More
Ms. Pfeifer is a trial attorney and Co-Chair of the firm’s Insurance Law Practice Group. She represents clients in all types of complex commercial litigation. Ms. Pfeifer’s clients include public and private corporations, for-profit and non-profit entities, financial institutions, and individuals. She has presented at numerous CLE seminars concerning insurance and related issues, including allocation of risk through insurance.Close