Structuring Supply Agreement Defense, Indemnity and Insurance Provisions

Mitigating and Allocating Risks Between Manufacturers, Suppliers and End Sellers; Maximizing Insurance Coverage for Losses

*** This program has been cancelled ***

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

Thursday, April 27, 2017
1:00pm-2:30pm EDT, 10:00am-11:30am PDT

Early Registration Discount Deadline, Friday, March 31, 2017

The CLE webinar will provide guidance to counsel for manufacturers, suppliers and end sellers on drafting and negotiating provisions in supply agreements that effectively allocate and mitigate risk, focusing specifically on defense, indemnity and insurance clauses.


Risk allocation and mitigation provisions are arguably the most important terms in supply agreements, yet the most challenging clauses to negotiate. Attorneys drafting defense, indemnity and insurance provisions on behalf of manufacturers, suppliers or end sellers must identify and evaluate all potential risks of the arrangement for their clients and clearly outline who will be responsible for any losses arising from such risks.

Risk allocation provisions should specifically address common risks of supply agreements, such as a party’s breach of representations, warranties or covenants; IP infringement; negligence or willful misconduct; liability for design errors vs. manufacturing errors; or failure to comply with federal or state laws and regulations.

When negotiating and structuring defense, indemnity and insurance clauses in supply agreements, counsel must understand and anticipate potential statutory and insurance claim limitations, as well as enforcement and procedural hurdles. Failure to do so may result in serious mistakes and unanticipated liabilities.

Listen as our panel of attorneys experienced in negotiating supply agreements discusses best practices for structuring defense, indemnity and insurance provisions in the contracts.


  1. Evaluating and drafting defense and indemnity provisions
  2. Reconciling indemnity obligations and insurance policies
  3. Potential enforcement and procedural hurdles


The panel will review these and other key issues:

  • What specific risks should be addressed in the defense, indemnity and insurance provisions of supply agreements?
  • How have the courts’ varying interpretations of indemnity provisions impacted parties’ ability to shift liability in supply agreements?
  • How can parties use insurance provisions to meet defense and indemnity obligations?
  • What are the most commonly disputed issues during supply contract negotiations and what are some effective strategies for resolving them?


Adam Budesheim, Partner
McCarter & English, Newark, N.J.

Mr. Budesheim represents policyholder clients in insurance coverage litigation under a broad array of policies, including general liability, pollution legal liability, professional liability, directors and officers, and many others. He has significant experience in insurance allocation issues for long-tail liabilities. Mr. Budesheim’s allocation experience includes both the legal complexities and the implementation and practical application of allocation models.

Joseph F. Fields, Special Counsel
McCarter & English, New York

Mr. Fields represents commercial clients in business matters, and has litigated, arbitrated and mediated commercial matters in numerous jurisdictions from inception through trial. He has presented at numerous conferences on commercial contract issues including contractual indemnification obligations and insurance coverage, and business interruption and contingent losses.

Edward J. Momkus, Member
Momkus McCluskey, Lisle, Ill.

Mr. Momkus concentrates his practice in complex business transactions, mergers and acquisitions, corporate law, financing, business succession and liability prevention systems. He negotiates and drafts contracts for a wide array of business transactions, including manufacturing contracts, purchase agreements, equipment leases, corporate and partnership formation, business succession and sales of businesses. He previously was employed as corporate attorney at Leaseway Transportation Corporation and later Evans Products Company, and subsequently became Appliance Group Counsel at Sunbeam Corporation.

Live Webinar

Live Webinar $247.00

Includes Early Discount Savings of $50.00 (through 03/31/17)

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This webinar is eligible for at least 1.5 general CLE credits.

CLE credits are not available for PR.

*In KS, OH, PA, for more than 1 attendee on the connection you must contact Strafford CLE via email or call 1-800-926-7926 ext. 35 prior to the program for special instructions.


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Available 48 hours after the live event

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Live Webinar & Webinar Download $344.00

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Live Webinar & Audio Download $344.00

Includes Special Savings of $250.00 (through 03/31/17)

Live Webinar & DVD $344.00 plus $9.45 S&H

Includes Special Savings of $250.00 (through 03/31/17)


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Early Registration
Discount Deadline
March 31, 2017
(1 day)

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Customer Reviews

The presentation was perfect - not too technical or legal. Keep up the good work!!

Patricia Embley

I thought the content covered in the webinar was very helpful.

Stephanie Hooks


I liked the concise and clear presentation of the subject matter.

Arthur Glassman

Moss & Barnett

Great program.

Jennifer Doran

Hinckley, Allen & Snyder

The seminar wasn't presented like a law school class full of hypotheticals and ideal responses. The presenters discussed actual scenarios that we may face and the most practical way to address them.

Anna Miller

Holland & Hart

Business Contracts and Franchise Advisory Board

Vincent R. Martorana


Reed Smith

Charles (C. J.) Schoenwetter


Bowman and Brooke

Rochelle Spandorf


Davis Wright Tremaine

Craig Tractenberg


Fox Rothschild

Les Wharton

Chief Legal Officer

Coverall North America

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