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
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.
- 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
Johnson & Bell
Mr. McVisk concentrates his practice on complex insurance coverage litigation, and hospital law and medical... | Read More
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.Close
Jessica E. Brown
Ms. Brown’s practice focuses on complex insurance coverage litigation. She has represented clients in matters... | Read More
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.Close