Insurance Subrogation, Indemnity and Hold Harmless Releases: Navigating the Complexities

Protecting Subrogation Rights, Negotiating Subrogation Waivers, Indemnities and Settlement Releases

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


Conducted on Tuesday, May 2, 2017
Recorded event now available


This CLE webinar will provide insurance counsel with an understanding of the critical principles of subrogation, the interplay of subrogation with indemnity and hold-harmless releases, and best practices in drafting and negotiating waivers of subrogation, releases and indemnification clauses.

Description

The scope of an insurer’s subrogation rights, generally a matter of state law, may be expanded or contracted depending on the language of the underlying policy. Understanding the interplay between subrogation law and policy provisions is critical.

Waivers of subrogation rights are sometimes found in commercial contracts where one or both of the parties agree to waive subrogation rights. Using boilerplate language has potential for problems down the line.

When insurance companies sign subrogation settlement agreements, counsel must carefully consider the language of the provisions on indemnity and hold-harmless obligations to shield the insurance company from unintended future liability.

Listen as our authoritative panel of attorneys guides you through the maze of subrogation principles, the interplay with contractual indemnities and hold harmless releases, and best practices for negotiating waivers of subrogation, releases and indemnification provisions.

Outline

  1. Statutory vs. contractual subrogation rights
  2. Waiver of subrogation clauses
  3. Apportionment of subrogation recovery
  4. Indemnity
  5. Hold harmless releases

Benefits

The panel will review these and other key issues:

  • What are the different types of subrogation?
  • How and when can waiver of subrogation agreements get in the way of successful recoveries and what can be done to avoid them?
  • What are the differences between releases and hold harmless and indemnity clauses, and what are best practices for insurance companies in negotiating various settlement agreement language?

Faculty

Tarron Gartner-Ilai, Shareholder
Cooper & Scully, Dallas

Ms. Gartner-Ilai’s practice focuses primarily on commercial and personal insurance coverage litigation with a strong emphasis on matters involving underlying construction defect. She has an extensive background in insurance coverage and coverage litigation, including environmental, construction defect, products liability, and commercial and general liability disputes.

Steven K. Gerber, Member
Cozen O'Connor, Philadelphia

Mr. Gerber practices in the firm’s Subrogation & Recovery Department. He devotes his practice to the prosecution of complex large property loss subrogation matters, including actions arising from fires, building collapses, water damage, and product failures. Mr. Gerber frequently speaks on subrogation and recovery related topics.

Stephen D. Palley, Of Counsel
Anderson Kill, Washington, D.C.

Mr. Palley focuses his practice on litigation, trial practice and insurance coverage. He has represented owners, general contractors, construction managers and others in connection with insurance transactions and litigation for tens of billions of dollars of construction projects throughout the U.S. In 18 years of litigation experience, Mr. Palley has handled construction insurance disputes and other insurance disputes in state and federal courts across the U.S., along with a broad range of commercial litigation, products liability and other matters.


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

How does this work?

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

Requires Adobe Reader 8 or later. Download Acrobat FREE.

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

The seminar was very good. I liked that it was fast paced and informative with experienced knowledgeable speakers.

Phillip Brooks

Simmons Perrine Moyer Bergman

First rate program. I have been practicing for over 25 years and this was the most instructive seminar I've attended in several years.

Roman Petyk

Univ. of Pennsylvania (not Penn State)

We were given simple and clear answers to complex questions, lots to work with.

Patrick R. Kelly

Glenn, Feldmann, Darby & Goodlatte

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

I enjoyed the webinar’s practical pointers.

Karen Kahle

Steptoe & Johnson

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.