Oil & Gas Contracts: Structuring Indemnification and Additional Insured Provisions

Navigating Anti-Indemnity Statutes and Negotiating Risk Allocation

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


Conducted on Tuesday, May 10, 2016

Recorded event now available

or call 1-800-926-7926
Program Materials

This CLE webinar will provide guidance to counsel for drafting indemnification and additional insured provisions in oil and gas contracts. The panel will examine the interplay with anti-indemnity statutes and choice of law provisions, as well as offer best practices for allocating risk.

Description

Indemnification and insurance provisions are a critical piece of almost every oil and gas contract, but they often receive too little attention during the negotiation process. Many states, including key oil and gas states, have anti-indemnity statutes. These laws limit the scope of indemnity and create a hurdle for counsel as they structure indemnification and insurance provisions.

When states have anti-indemnity statutes, courts may uphold those statutes even if the parties have a choice of law provision that would have another state’s law apply. Additional insured coverage is often broader than indemnity obligations and can provide coverage even if the indemnification provision is voided.

Counsel must carefully draft indemnification provisions to avoid an anti-indemnity statute rendering it unenforceable. Further, the negotiating and structuring of additional insured coverage is vital to ensure allocation of risk.

Listen as our authoritative panel of attorneys discusses best practices for drafting and negotiating indemnification and additional insured provisions in oil and gas contracts. The panel will provide strategies for avoiding common negotiation pitfalls, navigating anti-indemnity statutes, and reconciling indemnification with insurance coverage to allocate risk.

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Outline

  1. Drafting indemnification provisions
    1. Key terms
    2. Impact of anti-indemnity statutes
    3. Interplay with choice of law provisions
  2. Additional insured provisions
    1. Interplay with indemnification and anti-indemnity statutes
    2. Additional insured endorsement
    3. Impact of In re Deepwater Horizon
  3. Best practices for allocating risk in oil & gas contracts

Benefits

The panel will review these and other important issues:

  • What are the key terms to address in the indemnification provision?
  • What impact do anti-indemnity statutes have and what steps can counsel take to avoid unenforceable indemnification provisions?
  • What approaches should counsel use to protect a client’s interests when negotiating an indemnification provision?

Faculty

John H. Denton
John H. Denton
Senior Vice President
Marsh USA

Mr. Denton is a Senior Vice President at Marsh Risk Consulting. Prior to joining Marsh, Mr. Denton was in the private...  |  Read More

Harold J. Flanagan
Harold J. Flanagan

Atty
Flanagan Partners

Mr. Flanagan’s practice includes both contracts and litigation in the areas of oil and gas...  |  Read More

C. Brannon Robertson
C. Brannon Robertson

Partner
Fernelius Alvarez Simon

Mr. Robertson's practice covers a wide range of matters, including business disputes, energy and natural...  |  Read More

Marcus R. Tucker
Marcus R. Tucker

Partner
Phelps Dunbar

Mr. Tucker's practice includes the defense and investigation of claims resulting from oilfield and maritime...  |  Read More

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