Topic
Indemnity
406 published works
Louisiana Law Blog
My People, My Property, My Problem: Knock-for-Knock Indemnity Explained
Contracting parties use contractual indemnity provisions to customize risk allocation. Indemnification clauses vary widely and are typically heavily negotiated; however, if the events and related damages covered under the indemnity…
Louisiana Law Blog
Louisiana Supreme Court Holds Claims for Indemnity Allowed Prior To Liability Adjudication
By Jeffrey Boudreaux, Beau Bourgeois, Crystal Burkhalter
The Louisiana Supreme Court ruled today in Daniel Bennett v. Demco Energy Services, et al., 2023-CC-01358 (La. 5/10/24), 2024 WL ***, a claim for defense and indemnity under a Master…
California Corporate & Securities Law Blog
How The Mandatory Indemnification Statutes Of Nevada And Delaware Differ
Both Delaware and Nevada require corporations to indemnify certain persons against expenses (including attorneys' fees) to the extent that they have been successful on the merits or otherwise in defense…
Financial Services Perspectives
Fifth Circuit Reminds Creditors They Must Actively Protect Their Interests in Bankruptcy
By James Bailey, Joshua A. Lesser
In its recent opinion in Raymond James & Associates Inc. v. Jalbert (In re German Pellets Louisiana LLC), 23-30040, 2024 WL 339101 (5th Cir. Jan. 30, 2024), the Fifth Circuit…
The Capital Commitment
Not Off the Hook: The SEC Addresses its Position on Exculpation And Indemnification For Private Fund Advisers
By Margaret A. Dale, Michael R. Hackett, Stephen Hibbard, William Komaroff, Timothy W. Mungovan, Dorothy Murray, Joshua M. Newville, Todd J. Ohlms, Robert Pommer, Seetha Ramachandran, Jonathan M. Weiss, Julia Alonzo, William D. Dalsen, Isaiah D. Anderson, James Anderson, Julia M. Ansanelli, Adam L. Deming, Adam Farbiarz, Reut N. Samuels, Hena M. Vora
In its final Private Fund Adviser Rules adopted last year, the SEC dropped one of the more controversial proposed rules—the proposal to prohibit contractual exculpation or indemnification provisions that would…
Texas Construction Law Blog
Broad Form Indemnities in Construction Contracts
Broad form indemnities are common in Texas construction contracts, even though indemnifying someone for their own negligence is a tough pill to swallow. In 2011, Texas passed a law limiting…
Insurance Coverage Law in Massachusetts
First Circuit holds that under clear Massachusetts precedent, an insurer cannot ordinarily seek reimbursement of settlement funds after a later finding of no duty to indemnify
By Nina Kallen
I am pleased to say that reason has prevailed in the First Circuit. I am generally pretty sanguine about insurance coverage decisions (except on my own cases, of course). I might…
Zalma on Insurance
Who’s on First – Defense and/or Indemnity
By Barry Zalma
Insurer v. Insurer Disputes Should be Resolved by Mediation Rather Than Litigation Post 4717 See the full video at https://rumble.com/v4801wq-whos-on-first-defense-andor-indemnity.html and at https://youtu.be/_BTsDxR5J4Y In an insurance coverage dispute that arose…
Recreation Law
New Jersey ski area pushes “indemnification” clause in release too far and gets told by court its release is an adhesion contract.
Recreation Law logo Indemnification agreements in releases fail. You cannot write the language in a release to qualify for indemnification. Here the ski area tried to get greedy and got…
Zalma on Insurance
No Right to Indemnity After Policy Limit Exhausted
By Barry Zalma
Insurer has no Obligation to Pay More than an Aggregate Limit of Liability Post 4702 See the full video at https://rumble.com/v44waj2-no-right-to-indemnity-after-policy-limit-exhausted.html and at https://youtu.be/Pl-tuUjAG28 Denis Mucha sustained injuries after he…