News & Analysis as of

Third-Party Liability Indemnification

Jaburg Wilk

Arizona Insurers Beware of "Pay-and-Chase"--Arizona Supreme Court Rejects Expansion of Equitable Indemnification

Jaburg Wilk on

The Holding - In Knightbrook Insurance Company v. Payless Car Rental System Incorporated, 2018 WL 769295 (Ariz. February 8, 2018), an insurance bad faith and equitable indemnification case arising from an auto claim, the...more

Proskauer - Insurance Recovery & Counseling

Bank Bond Covers Third-Party Losses Arising out of Bank Employee’s Fraud, Eighth Circuit Holds

Fidelity bonds are purchased primarily to protect against loss to the policyholder’s own assets, from things like employee theft or embezzlement. In Avon State Bank v. BancInsure, Inc., however, the Eighth Circuit interpreted...more

Dickinson Wright

Arizona Legislature Adds New Limits On Indemnification In Public Construction Contracts

Dickinson Wright on

For many years, the Arizona Little Miller Act and the Arizona Procurement Code (A.R.S. § 34–226 and A.R.S. § 41-2586, respectively) prohibited a party from being indemnified, held harmless or defended to the extent of its own...more

Cozen O'Connor

No Bad Faith Recovery Based on Insurer’s Investigation of Claims Under Connecticut Law

Cozen O'Connor on

On certification from the U.S. District Court for the Northern District of Alabama, the Supreme Court of Connecticut recently issued an opinion holding that an insurer’s bad faith conduct in the investigation of a third-party...more

Foley Hoag LLP - Environmental Law

Indemnification Agreements Under CERCLA Do Not Affect Liability to Entities That Are Not Parties to the Agreement

Section 107(e) of CERCLA provides that - "No indemnification, hold harmless, or similar agreement or conveyance shall be effective to transfer from the owner or operator of any vessel or facility or from any person who...more

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