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 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.
Outline
- Contribution and indemnification
- Contribution: comparative fault, statutory contribution, the 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
Benefits
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?
Faculty
Jessica E. Brown
Attorney
Reed Smith
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
William K. McVisk
Partner
Tressler
Mr. McVisk focuses his practice on complex insurance coverage litigation and hospital law and medical liability. He has... | Read More
Mr. McVisk focuses his practice on complex insurance coverage litigation and hospital law and medical liability. He has handled all areas of coverage and bad faith litigation, especially third-party bad faith and coverage litigation involving commercial general liability, professional liability coverages as well as personal lines coverages such as auto and homeowners coverages.
Close