Insurance and Contractual Indemnification: Reconciling Competing Indemnity Obligations With Insurance Coverage
Drafting Indemnification Provisions and Ensuring Adequate Coverage for Contractual Liabilities
A live 90-minute CLE webinar with interactive Q&A
Thursday, April 13, 2017 (in 14 days)
1:00pm-2:30pm EDT, 10:00am-11:30am PDT
This CLE webinar will provide insurance counsel with a roadmap for understanding 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.
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? 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.
- 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
The panel will address these and other key issues:
- 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 clients—whether the indemnitor or indemnitee?
William K. McVisk, Shareholder
Johnson & Bell,
Mr. McVisk concentrates his practice on complex insurance coverage litigation, and hospital law and medical liability. He handles all areas of coverage and bad faith litigation, especially third-party bad faith and coverage litigation involving commercial general liability, hospital professional liability and physicians professional liability coverages. He has written several articles on insurance coverage, including a quarterly column he penned for the IDC Quarterly for several years.
Jessica E. Brown, Atty
Ms. Brown’s practice focuses on complex insurance coverage litigation. She has represented clients in matters involving toxic tort, environmental, intellectual property and weather insurance coverage disputes. She has also represented clients in disputes involving private indemnity agreements.
Live Webinar $297.00
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This webinar is eligible for at least 1.5 general CLE credits.
CLE credits are not available for PR.
*In KS, OH, PA, for more than 1 attendee on the connection you must contact Strafford CLE via email or call 1-800-926-7926 ext. 35 prior to the program for special instructions.
CLE On-Demand - Streaming Video
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AK, AZ, CA, CO, CT, DE, FL, GA, HI, IA, ID, IL, IN*, KS, KY, LA, ME, MN, MO, MT, NC, ND, NH**, NJ, NM, NV, NY, OH*, OK, OR, PA, SC, TN, TX, UT, VA, VT, WA, WI, WV, WY (Note: Some states restrict CLE eligibility based on the age of a program. Refer to our state CLE Map for additional information.)
*Only available for attorneys admitted for more than two years. For OH CLE credits, only programs recorded within the current calendar year are eligible - contact the CLE department for verification.
**NH attendees must self-determine if a program is eligible for credit and self-report their attendance.
CLE On-Demand Video $297.00
Available 48 hours after the live event
Includes full event recording plus handouts (available after live webinar).
Strafford is an approved provider and self-study CLE credit is available in most states.
AK, AZ, CA, CO, CT, FL, GA, HI, IA, ID, IL, KY, ME, MN, MO, MT, ND, NJ, NM, NY, OR, PA, TN, TX, UT, VT, WA, WV, WY (Note: Some states restrict CLE eligibility based on the age of a program. Refer to our state CLE Map for additional information.)
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Recorded Webinar Download $297.00
Available 48 hours after the live event
Recorded Audio Download (MP3) $297.00
Available 24 hours after the live event
DVD (Slide Presentation with Audio) $297.00
plus $9.45 S&H
Available ten business days after the live event
Registration Plus Recorded Event
Live Webinar & Webinar Download $394.00
Recorded Webinar Download Only $97.00 with Registration/Webinar Combo
Live Webinar & Audio Download $394.00
Recorded Audio Download (MP3) Only $97.00 with Registration/MP3 Combo
Live Webinar & DVD $394.00 plus $9.45 S&H
DVD (Slide Presentation with Audio) Only $97.00 with Registration/DVD Combo
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CLE Credits By State
I particularly appreciated the use of fact scenarios to illustrate the issues, pitfalls and best practices associated with indemnity agreements.
The speaker's use of practical examples and not just talking about legal concepts, was very good.
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
The speakers did a nice job on a complex topic. I particularly liked the discussion of the hypothetical indemnification contracts.
Sheppard, Mullin, Richter & Hampton
Strafford's program was lively and interesting.
Carroll McNulty Kull
Insurance Law Advisory Board
Greve Clifford Wengel & Paras
Damon Key Leong Kupchak Hastert
Farella Braun + Martel
Law Offices of Alan Palmer Jacobus
Drewry Simmons Vornehm
Whiteford Taylor Preston
Clyde & Co.
Jones Satre & Weimer
Hinshaw & Culbertson
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