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Insurance, Indemnity, and Contribution: The Complex Interplay in Commercial Transactions

Drafting Indemnification Provisions and Ensuring Adequate Coverage for Contractual Liabilities

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

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Thursday, September 21, 2023

Recorded event now available

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This CLE course will provide insurance counsel with a roadmap for understanding statutory and common law 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 when attempting to reconcile indemnity agreements and insurance policies. "Other insurance" clauses and exclusions for liabilities assumed by contract provide fertile ground 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 the 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.



  1. Contribution and indemnification
    1. Contribution: comparative fault, statutory contribution, the 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


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?
  • What are common types of "other insurance clauses," and how do they interact?
  • How can counsel craft contractual indemnification provisions that protect clients whether the indemnitor or indemnitee?


Brown, Jessica E.
Jessica E. Brown

Reed Smith

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

McVisk, William
William K. McVisk


Mr. McVisk focuses his practice on complex insurance coverage litigation and hospital law and medical liability. He has...  |  Read More

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