Oil & Gas Contracts: Structuring Indemnification and Additional Insured Provisions

Navigating Anti-Indemnity Statutes and Negotiating Risk Allocation

This program has been cancelled

A live 90-minute CLE webinar with interactive Q&A


Tuesday, February 12, 2019

1:00pm-2:30pm EST, 10:00am-11:30am PST

Early Registration Discount Deadline, Friday, January 25, 2019


This CLE webinar will guide 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 are often misunderstood. Many states, including crucial 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 often uphold those statutes even if the parties have a choice of law provision that would have another state's law apply. Insurance sometimes provides more protection than indemnity obligations and can provide benefits even if the indemnification provision is voided.

Counsel must either recognize when an anti-indemnity statute will render indemnity provisions unenforceable and carefully draft indemnification provisions to mitigate that risk. Further, the negotiating and structuring of additional insured coverage is vital to ensure the intended 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. Best practices for allocating risk in oil and 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

Flanagan, Harold
Harold J. Flanagan

Partner
Flanagan Partners

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

Robertson, C. Brannon
C. Brannon Robertson

Partner
Fernelius Simon

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

Tucker, Marcus
Marcus R. Tucker

Partner
Phelps Dunbar

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