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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

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 Tuesday, May 2, 2017

Recorded event now available

or call 1-800-926-7926

This CLE course 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.


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.



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


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?


Tarron Gartner-Ilai
Tarron Gartner-Ilai

Cooper & Scully

Ms. Gartner-Ilai’s practice focuses primarily on commercial and personal insurance coverage litigation with a...  |  Read More

Steven K. Gerber
Steven K. Gerber

Cozen O'Connor

Mr. Gerber practices in the firm’s Subrogation & Recovery Department. He devotes his practice to the...  |  Read More

Stephen D. Palley
Stephen D. Palley

Of Counsel
Anderson Kill

Mr. Palley focuses his practice on litigation, trial practice and insurance coverage. He has represented owners,...  |  Read More

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