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.


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, 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.


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.

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*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

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Recorded Event

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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.)

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Insurance Law Advisory Board

John Broghammer


Greve Clifford Wengel & Paras

Tred Eyerly


Damon Key Leong Kupchak Hastert

John D. Green


Farella Braun + Martel

Alan P. Jacobus

Lafayette & Kumagai

William E. Kelley, Jr.


Drewry Simmons Vornehm

William O. Krekstein


Timoney Knox

Jay M. Levin

Principal and Chair of the Insurance Recovery Practice

Offit Kurman

Peter J. Mintzer


Selman Breitman

Barry S. Neuman


Whiteford Taylor Preston

Andrew G. Wanger


Clyde & Co.

Britton D. Weimer


Weimer & Weeding

Sandra I. Weishart


Hinshaw & Culbertson

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