Indemnity Agreements

News & Analysis as of

Why Indemnities Matter

Most business clients would rather be in the dentist's chair than sit through negotiation of the indemnity and liability provisions of their agreement. Admit it: your eyes glaze over, time appears to visibly slow down, and...more

Employee Benefits Developments - March 2014

On January 9, 2014, the Departments of Labor (DOL), Health and Human Services (HHS), and the Treasury (collectively, the “Departments”) issued additional health care reform guidance in the form of Frequently Asked Questions...more

Court Orders Pre-Pleading Security Posted In Reinsurance Disputes

Excalibur Reinsurance provided reinsurance to Travelers Indemnity. Disputes arose and Travelers filed two lawsuits against Excalibur in United States District Court in Connecticut. ...more

Debate Over the ALI’s “Principles of the Law of Liability Insurance” Continues – Advisers Slated to Discuss Contentious Portions

At its 2013 annual meeting, the American Law Institute (ALI) voted to adopt sections 1 through 15 of its “Principles of the Law of Liability Insurance.” However, extensive criticism during the floor debate prevented the ALI...more

February 2014: London Litigation Update

Parallel Judicial Proceedings in Europe: “The Alexandros T” [2013] UKSC 70. In a landmark decision, the U.K. Supreme Court has provided parties with a meaningful way to discourage opponents from commencing proceedings in the...more

Three Critical Points of Construction Contract Contention

Litigation has become part of the life cycle of many construction projects, both during the project and after completion. The course of most construction litigation is dictated by the terms of the project contracts. These...more

Recent Guidance on Fixed Indemnity Plans—FAQ’s Relax Standards

As previously reported, the federal agencies responsible for drafting the rules implementing the Affordable Care Act (ACA) (the U.S. Labor Department, the U.S. Department of Health and Human Services and the U.S. Treasury...more

‘Court procedure rules overcome Section 6 LR(MP) Act Problem’

In Austcorp Project No 20 Pty Ltd v LM Investment Management Ltd (In Liq); in the matter of Bellpac Pty Ltd (receivers and managers appointed) (in Liq) [2013] FCA 883, the Federal Court of Australia granted leave to join the...more

Technology & Sourcing News - October 2013 (Global)

- What's in an indemnity anyway? - Kit Burden provides an informative overview of the use of indemnities in IT and outsourcing contracts, including guidance on what to look out for when drafting or negotiating these...more

Teal UK decision – order of claims – not insurer’s call

In Teal Assurance Company Ltd v WR Berkley Insurance (Europe) Ltd and Aspen Insurance UK [2013] UKSC 57, the Supreme Court upheld the decisions of the Court of Appeal and the Commercial Court that an insured and its captive...more

What’s in an indemnity anyway?

There is a noticeable trend for the list of “indemnified” losses in IT and outsourcing contracts to be getting longer and longer. Our commercial/business colleagues and clients can see the lawyers get very hot under the...more

Nevada Supreme Court Extends Design Professional Economic Loss Rule Defense to Negligent Misrepresentation Claims on Commercial...

In 2009, the Nevada Supreme Court (“NSC”) applied the economic loss rule to bar claims of professional negligence by design professionals in commercial construction projects, ruling that “[i]n the context of engineers and...more

Fifth Circuit Rejects Insured’s Attempt to Use Lack of Prejudice When Notice Provision is Separately Negotiated

The 5th Circuit rebuffed an insured’s attempt to circumvent policy language requiring notice within 30 days of a pollution occurrence in a bumbershoot (umbrella) policy in Starr Indemnity & Liability Company v. SGS Petroleum...more

Australia: What's in a 'Claim'? - An Update

Readers may recall our previous entry in May 2012, where we covered the decision of Kyriackou v ACE Insurance Limited [2012] VSC 214. In that case, the Supreme Court of Victoria held that Michael Kyriackou was not entitled...more

Indemnity Clauses, Anti-Indemnity Legislation and Additional Insureds

Indemnity Clauses and Anti-Indemnity Legislation - I. Purpose and Enforceability of Indemnity Clauses - Indemnification is an equitable doctrine that attempts to shift the burden of a judgment from one party...more

Buyer Beware: Reduced Indemnity On Account Of Supposed (Mythical?) Tax Benefits.

Originally published in Deal Points: The Newsletter of the Mergers and Acquisitions Committee - American Bar Association - Winter 2013. When the seller of a business or the assets of a business is negotiating the scope...more

Construction Alert: Insuring Contractual Indemnity Obligations—A Lesson In Careful Contract Drafting

The Minnesota Supreme Court issued a decision last week in the case of Engineering & Construction Innovations, Inc., v. L. H. Bolduc Co., interpreting a subcontractor's agreement to indemnify a contractor, the subcontractor's...more

Reverse Coverage Suits: What Happens When Policyholders Agree to Defend and Indemnify Their Insurers

Increasingly, when settling coverage disputes, insurers require policyholders to agree to defend and indemnify the insurer against any additional claims asserted against the insurer. This produces the curious result that...more

TRANSACTIONAL: Transactions Preserving the Economic Stability of an Energy Project by William (Pete) Musgrove

Economic stability is one of the most important issues for a sponsor to consider when investing in a project in a foreign country, especially when dealing with the governments of developing nations in industries that are...more

Indemnity Agreement's Scope Included Contractual Liabilities To Third Parties

A court of appeals recently held that an indemnity agreement between an operator and a contractor placed the burden on the contractor to indemnify the operator for the operator's third-party indemnity obligations that arose...more

Under Construction - December 2012

In This Issue: Letter from the Editor; Colorado Construction Law Developments in 2012; Arizona Court of Appeals Issues Decision Related to the Application of the Statute of Repose and Economic Loss Doctrine for...more

California Expands Prohibition on Certain Indemnity and Cost of Defense Provisions in Construction Contracts

Back in October 2011, California Governor Jerry Brown signed into law Senate Bill 474, which addresses indemnity provisions and cost of defense requirements in commercial construction contracts. The new law goes into effect...more

The European Commission Adopts AIFMD Implementing Regulation

On 19 December 2012, the European Commission (the Commission) adopted implementing rules (the Regulation) for the Directive on Alternative Investment Fund Managers (the AIFMD or Directive). The Regulation supplements certain...more

Will Your Indemnity Clauses be Unenforceable on January 1, 2013?

Amendments to California’s construction indemnity statutes will go into effect on January 1, 2013. Your commercial construction contracts may need to be modified or other strategies may need to be implemented or your...more

Product Users Can Avoid Potential Liability

Anyone reading the newspaper lately has no doubt heard about the proliferation of intellectual property infringement lawsuits. Rivals, such as Apple v. Samsung, Christian Louboutin v. Yves Saint Laurent (YSL) and Lululemon v....more

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