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


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.

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, Shareholder
Johnson & Bell, Chicago

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
Reed Smith, Chicago

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.


Recordings

CLE On-Demand - Streaming Video

Includes recorded streaming video of full program plus PDF handouts.

On-demand is the only recorded format recognized for CLE credits in DE, IN, KS, LA, MS, NC, OH, OK, SC, TN, VA, WI.

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

How does this work?


Recorded Event

Includes full event recording plus handouts.

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.)

Strafford will process CLE credit for one person on each recording.

Additional copies of a recording can be purchased at a discount. Please call Strafford Customer Service toll-free at 1-800-926-7926 ext 10 or email customerservice@straffordpub.com to place your order.

Recorded Webinar Download $297.00

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Recorded Audio Download (MP3) $297.00

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DVD (Slide Presentation with Audio) $297.00 plus $9.45 S&H

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Webinar

Strafford webinars 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.

Program Materials

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Program Materials

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or call 1-800-926-7926

CLE Credits

Many states grant CLE credits for on-demand streaming audio programs and recorded events. Our programs are pre-approved in many states. Refer to our state CLE map for state-specific information.

or call 1-800-926-7926

Customer Reviews

I particularly appreciated the use of fact scenarios to illustrate the issues, pitfalls and best practices associated with indemnity agreements.

Heather Gray

Gowlings

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

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

I received complicated information in an uncomplicated, concise and understandable manner.

Alice Mercado

Lemons, Grundy & Eisenberg

or call 1-800-926-7926

Insurance Law Advisory Board

John Broghammer

Partner

Greve Clifford Wengel & Paras

Tred Eyerly

Director

Damon Key Leong Kupchak Hastert

John D. Green

Partner

Farella Braun + Martel

Alan P. Jacobus

Lafayette & Kumagai

William E. Kelley, Jr.

Partner

Drewry Simmons Vornehm

William O. Krekstein

Partner

Timoney Knox

Jay M. Levin

Principal and Chair of the Insurance Recovery Practice

Offit Kurman

Peter J. Mintzer

Partner

Selman Breitman

Barry S. Neuman

Partner

Whiteford Taylor Preston

Andrew G. Wanger

Partner

Clyde & Co.

Britton D. Weimer

Partner

Weimer & Weeding

Sandra I. Weishart

Partner

Hinshaw & Culbertson

or call 1-800-926-7926

Our Guarantee

Strafford webinars are backed by our 100% Unconditional Money-Back Guarantee: if you are not satisfied with any of our products, simply let us know and get a full refund. For more information regarding complaints and refunds, please contact us at 1-800-926-7926 ext 10. Complaints regarding this program can be submitted via the course evaluation found in the “Thank you” e-mail at the end of the course.