Insurance and Contractual Indemnification: Reconciling Competing Indemnity Obligations With Insurance Coverage

Drafting Indemnification Provisions and Ensuring Adequate Coverage for Contractual Liabilities

Recording of a 90-minute CLE webinar with Q&A


Conducted on Thursday, April 13, 2017

Recorded event now available

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Program Materials

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.

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? 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.

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Outline

  1. Contribution and indemnification
    1. Contribution—comparative fault, statutory contribution, effect of settlement
    2. Indemnity—contractual, implied, imposed by law
    3. Contractual indemnification—limitations, duty to defend, right to independent counsel, additional insured provisions
  2. Reconciling indemnity obligations and insurance policies
    1. Other insurance clauses
    2. Exclusion for liability assumed by contract
  3. Evaluating and drafting indemnity provisions
    1. Indemnitor perspective
    2. Indemnitee perspective

Benefits

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?

Faculty

William K. McVisk
William K. McVisk

Shareholder
Johnson & Bell

Mr. McVisk concentrates his practice on complex insurance coverage litigation, and hospital law and medical...  |  Read More

Jessica E. Brown
Jessica E. Brown

Atty
Reed Smith

Ms. Brown’s practice focuses on complex insurance coverage litigation. She has represented clients in matters...  |  Read More

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Strafford will process CLE credit for one person on each recording. All formats include program handouts. To find out which recorded format will provide the best CLE option, select your state:

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