Topic
Indemnity
406 published works
Business and Legal Insights Blog
The Purpose and Importance of Indemnification Provisions
Indemnification is a risk-allocation tool that shifts responsibility for a loss from one party to another. In Florida, indemnification may arise either through an express contractual provision or under the…
Enhanced Scrutiny
A Purchase-Price Adjustment Is Not the End of the Road With Indemnification on the Table
By Robert S. Velevis, Connor Wise
In Golden Rule Financial Corporation v. Shareholder Representative Services LLC, the Delaware Court of Chancery held that, following a post-merger purchase-price adjustment that benefited the seller, the buyer may still…
Commercial Case Notes
No Intraparty Indemnification Because Agreement Did Not Unmistakably Require It
By John Lundin
On June 2, 2026, the First Department issued a decision in Board of Mgrs. of the 432 Park Condominium v. 56th & Park (NY) Owner, LLC, 2026 NY Slip Op.…
Substance Law Blog
Limitation of Liability vs. Indemnification Clause
By Publisher
The Types of Clauses Used in Commercial Contracts To Shift or Restrict Liability Between Parties The Fundamental Purpose of Commercial Contracts At its heart, any commercial contract is about how…
Delaware Corporate & Commercial Litigation Blog
Delaware High Court reverses Chancery decision to bar advancement for ERISA fiduciaries
Frank Reynolds, who has been covering Delaware corporate decisions for various national publications for over 40 years, wrote this article. The full Delaware Supreme Court recently ruled that the federal…
Traverse Legal Expert Articles
What is Indemnification? A Business-First Definition
By Brian Hall
Indemnification starts with risk transfer. In a contract, indemnification is one party’s promise to cover specified losses, damages, or liabilities suffered by the other party if a defined event happens. In plain terms, it is the clause that answers who pays when…
Construction Law Musings
Uniwest Rides Again (or, Are Architects Subject to Va. Code Section 11-4.1?)
Originally posted 2018-10-03 11:07:55. In 2010, the Virginia Supreme Court held in Uniwest Const., Inc. v. Amtech Elevator Servs., Inc., that Va. Code Sec. 11-4.1 renders completely void and unenforceable…
California Construction Law Blog
At the Intersection of Indemnity and Prevailing Wages
By Garret Murai
In a case that I’m frankly surprised I don’t see more of, the 2nd District Court of Appeal of California examined an indemnity claim by a…
Across The Board
Delaware Law Alert: Delaware Case Applying Indemnification Materiality Scrape Creates Risks for the Unwary
By Andrew Noreuil, Andrew J. Stanger
An imprecise materiality scrape can significantly expand the scope of a seller’s potential liability for indemnification and fraud claims. In a recent opinion, the Delaware Superior Court, applying a materiality…
Construction Law Musings
Reminder: You Can’t Make Others Indemnify You for Your Own Actions
I have spoken about Virginia Code 11-4.1 and the prohibition on forcing others to indemnify for the actions of the indemnitees on a few occasions here at Construction Law Musings…