Mitigating Indemnity Exposure
Settling a Claim: Get Comfortable With Being Uncomfortable
NGE On Demand: Insurance and Indemnity Issues for Family Offices with Angela Elbert
More than "but for": Ontario Court limits additional insured coverage for wedding tumble - In Van Daele v. Waring House et al, 2025 ONSC 6687, the Ontario Superior Court of Justice held that a wedding venue was not...more
As artificial intelligence (AI) continues to become a core differentiator across industries, dealmakers are seeing more transactions where a key driver of value is not just a traditional product line, customer base or...more
Discussing the impact of the TCPA on the lead gen world. Usually that impact really falls on the brands– the lead buyers– because they end up stuck with the consequences of whatever screw ups the lead seller makes....more
The Fifth Circuit in BPX Production Company v. Certain Underwriters at Lloyd's London, No. 23-20034, 2025 WL 2952911 (5th Cir. Oct. 20, 2025), revived oil and gas producer BPX Production Company’s contractual coverage claims...more
Data center construction projects are among the most complex and high-stakes undertakings in the commercial real estate and technology sectors. ...more
In a series of recent consolidated cases, the Fourth District Court of Appeal addressed the issue of whether an indemnity payment made after a lawsuit is filed constitutes a confession of judgment entitling the claimants to...more
Two underlying actions were filed against US Crane & Rigging LLC and its subcontractor, NY Crane Hoist Operations LLC, for damages caused by unsecured cranes at a building project during Hurricane Zeta. Liberty Mutual Fire...more
In a win for Wiley’s client, a California superior court, applying California law, held that California Insurance Code Section 533 (“Section 533”) barred all indemnity coverage for a retaliation claim against a county and...more
An Illinois Appellate Court, applying Illinois law, has held that a professional liability insurer had no duty to indemnify its insured because the insured was not “legally obligated to pay” any amount under the settlement...more
As aerospace and defense programs become increasingly reliant on complex, multitiered supply chains and emerging technologies, disputes over intellectual property, supply, pricing, and performance are on the rise....more
In commercial real estate transactions, indemnity provisions are frequently negotiated. However, one critical component is often overlooked: the obligation to cover attorneys’ fees related to indemnity claims....more
A version of this article first appeared in Butterworths Journal of International Banking and Financial Law in June 2025. In the case of IDBI Bank Limited v Axcel Sunshine Limited & Ors the English High Court held that,...more
Commercial contracts are a foundational element of any business. Whether you’re a startup, a well-established company, or somewhere in between, these agreements set the stage for how business will be conducted, outline roles...more
This case addresses declaratory judgments of non-infringement in relation to subject-matter jurisdiction and the district court’s refusal to exercise discretionary jurisdiction. Background - In June 2020, Mitek Systems,...more
The Court of Appeals’ opinion in N.C. Farm Bureau Mut. Ins. Co. v. Young, (No. COA24-594) addresses how a court is likely to assess the duty to defend and the duty to indemnify under an insurance contract, and the interplay...more
Just like many relationships, not all parts of a contract become things of the past when they expire or terminate. One way to ensure that a contractual right or duty applies post-termination is to specify that will it...more
The United States Court of Appeals for the Ninth Circuit, applying California law, has affirmed a district court’s determination that California Insurance Code § 533 barred indemnity and defense costs coverage for a lawsuit...more
The Retreat at Charleston National Country Club Home Owners Ass’n, Inc. v. Winston Carlyle Charleston National, LLC, S.C. App. Case No. 2021-001050, Opinion No. 6099 (Feb. 12, 2025) Key Takeaways: Case Summary (for those of...more
Negotiating and signing a Letter of Intent (LOI) is a key inflection point in the process of selling your business. Buyers and sellers both want the LOI to ensure a base level of understanding on certain key terms such as...more
Excess insurance policies are generally written to be just that; they—through their “other insurance” provisions—purport apply in excess of other insurance available to the insured. In many jurisdictions, courts will commonly...more
Under section 43(b) of the Trusts (Guernsey) Law, 2007, when a trustee resigns or is removed it may require that it be provided with reasonable security for liabilities before surrendering trust property....more
A California Court of Appeals decision brought one auto policyholder decidedly down from “cloud nine” in Murphy v. AAA Auto Insurance of Southern California, which found no coverage over a cannabis delivery service employee’s...more
Matthew Grow v. PECO Energy Company (WCAB); No. 63 C.D. 2024; filed January 8, 2025 - The claimant sustained a work injury to his neck in 2013. After he returned to work in January 2014, his benefits were suspended. Later, in...more
The 2024 Oregon Legislative Assembly enacted SB 1575 (Or Laws 2024, ch 112) amending ORS 30.140 to limit public bodies from imposing certain indemnity obligations on construction professionals. The change applies to public...more
In the complex world of business transactions, particularly mergers and acquisitions (M&A), purchase price adjustments are a critical concept that help ensure fairness and accuracy in the final transaction price. Purchase...more