Topic
Indemnity
406 published works
Outside Inhouse Lawyer Blog
Two NY Court of Appeals Opinions Regarding Employees’ Job Injury Claims Against Third-Parties
By Grace Healy
The New York Court of Appeals handed down two rulings this week relating to employees’ job injury claims against third parties. One of the cases, Brooks v. Judlau Contracting, Inc.,…
Delaware Corporate & Commercial Litigation Blog
Bankruptcy Court in Delaware Rejects Claim for Advancement Under Delaware Law After Claim Removed to Federal Court
Street v. The End of The Road Trust, et al., (D. Del., Bankr., Sept. 17, 2008), read opinion here. Thanks to Delaware lawyer David Finger for bringing this decision to my attention. A quote…
Constructlaw®
Georgia Supreme Court Holds Limitation of Damages Clause in Engineering Agreement to Be an Unenforceable Indemnity Provision
By Constructlaw
Lanier at McEver, L.P. v. Planners and Engineers Collaborative, Inc. 2008 Ga. LEXIS 553 (Ga. June 30, 2008) In this case, the Supreme Court of Georgia reversed a Court of…
Construction Law
Finding Surety Sufficiently Pled for Quia Timet, Court Denies Motion to Dismiss
By K&L Gates
Safeco Ins. Co. of America v. Tarragon Corp., 2008 WL 427969 (M.D. Fla. Sept. 16, 2008) In Safeco, a third-party sued a general contractor and a surety in state court…
Delaware Corporate & Commercial Litigation Blog
When “Indemnification” Also Refers to “Advancement”
Sodano v. American Stock Exchange LLC, 2008 WL 2738583 (Del. Ch., July 15, 2008), read opinion here. This Chancery Court decision interprets corporate documents and a settlement agreement to determine…
British Columbia Insurance Blog
A person who refuses to indemnify ICBC for debt can lose his driving licence
A driver and his company, co-plaintiffs in an action against ICBC, were not successful in their action alleging breach of faith by ICBC. ICBC counterclaimed to be reimbursed for amounts paid…
New York Business Divorce
Indemnity Provision Can Tilt the Playing Field in Litigation Between Business Partners
This week's New York Business Divorce looks at a recent case in which the managing member of an LLC, relying on the operating agreement's indemnity provision, sought to sell company…
Insurance Law Hawaii
Ninth Circuit Ratifies Burlington’s Mistake
Burlington Insurance Company wins again. The Ninth Circuit of Appeals issued an unpublished decision a few months ago entitled Burlington Insurance v. Steve's Ag Services, which appears to perpetuate some…
The D&O Diary
Former Directors, Advancement Rights, and D&O Insurance
It is generally understood that under Delaware law, directors enjoy broad rights of indemnification and advancement. The Delaware statutory regime does allow corporations a great deal of flexibility in how…
Delaware Corporate & Commercial Litigation Blog
“Fees on Fees” Limited By Proportionality in Advancement Matter; and Chancery Confirms that Advancement Rights May Be Terminated
In Schoon v. Troy Corp., (Del. Ch., March 28, 2008), read opinion here, the Delaware Chancery Court granted advancement rights to one of the plaintiffs, but denied it to the…