Topic
Indemnity
406 published works
Zalma on Insurance
A Self-Insurance Plan Constitutes “Insurance”
By Barry Zalma
Self Insurance is Excess Over Primary Insurance Post 4572 Employment Plan is Insurance Because it Transferred Risk and Contained Claim, Exclusion, and Priority Provisions. In Ajay Kolli, & c. et…
Energy & the Law
A Contractual Indemnity Case with Wrinkles
Anadarko Petroleum Corporation v. Alternative Environmental Solutions Inc. addressed a Master Services Agreement for environmental services. The busy Fifth Circuit decided what law should apply, excused Anadarko for failing to…
Commercial Case Notes
Agreement’s Indemnification Provision Fails to Meet Hooper’s High Hurdle for Inter-Party Indemnification
By John Lundin
On September 22, 2026, the First Department issued a decision in Aurelius Capital Master Ltd. v. Hertz Intl. Ltd., 2026 NY Slip Op. 05369, holding that an agreement’s indemnification provision…
BakerHostetler
Enhanced Indemnities Under Contracts for Carriage of Goods at Sea
Partners Joe Holahan and Sally Yuanyuan Qin co-authored an article for The Legal Intelligencer titled “Enhanced Indemnities Under Contracts for Carriage of Goods at Sea.” The article discusses how ocean…
Pro Policyholder
RWI in Practice: A 7-Part Series for Deal Professionals
By Emma Leonelli, Ann Terrell Dorsett, Joseph Englert
PART 4: The Interaction Between Purchase Agreement Remedies and RWI Coverage Introduction Representations and warranties insurance (“RWI”) has changed the way buyers and sellers allocate post-closing risk. In many transactions,…
Insurance Law Hawaii
Insurer Must Defend Additional Insured Who is Not Indemnitee Under Supplementary Payments Provision
The federal district court held that the insurer was obligated to defend the additional insured, rejecting the insurer's argument that the additional insured was an indemnitee under the policy's supplementary…
Florida Construction Legal Updates
OWNER TAKING ASSIGNMENT OF GENERAL CONTRACTOR’S CLAIMS AGAINST A SUBCONTRACTOR(S)
Here’s a scenario that occurs in construction defect cases. An owner sues a general contractor and subs for construction defects. The owner settles with a number of parties and takes…
Colorado Construction Litigation
Defend Now, Allocate Later? An Unresolved Tension in Colorado Construction Law
By David McLain
For decades, Colorado law has recognized an important distinction between the duty to defend and the duty to indemnify. The former ordinarily arises at the beginning of litigation; the latter…
Lash Condo Law Blog
Charging Legal Costs Back to an Owner: A Court Order Is Still Required
By Denise Lash
A recent Superior Court decision, Chiarelli v. Toronto Standard Condominium Corporation No. 2339, confirms that the principle in Amlani v. York Condominium Corporation No. 473 continues to apply, even where…
Florida Construction Legal Updates
SURETY REQUIRING COLLATERAL SECURITY UNDER GENERAL AGREEMENT OF INDEMNITY
In order to procure bonds (payment and performance bonds), you need to sign a General Agreement of Indemnity (referred to as the “GAI”) with the surety (bonding company). It does…