Topic
Indemnity
406 published works
Energy & the Law
Texas Court Addresses MSA Indemnity Obligations
At issue in RKI Exploration and Production LLC v. AmeriFlow Energy Services LLC and Crescent Services, LLC. were two Master Service Agreements. RKI was the operator of a well in…
Delaware Corporate & Commercial Litigation Blog
Supreme Court Decides Deadline for Notice of Indemnification Claim
The Delaware Business Court Insider published in its current edition my commentary on a recent Delaware Supreme Court opinion on the titular topic. Courtesy of the Delaware Business Court Insider, the…
Rivkin Rounds
Malpractice Statute of Limitations Doesn’t Apply to Indemnity Claim by Hospital
By Eric Fader
This is outside our usual catchment area, but interesting nonetheless. The Indiana Supreme Court ruled on March 8 that the state’s Medical Malpractice Act (MMA) does not apply to claims…
Delaware Corporate & Commercial Litigation Blog
Chancery Explains: Typical Indemnification Clause Not Exception to American Rule
In a short letter ruling, with widespread applicability, the Court of Chancery explained in Paul Elton, LLC v. Rommel Delaware, LLC, et al., C.A. No. 2019-0750-KSJM (Del. Ch. Mar. 16,…
Zalma on Insurance
Failure to Fulfill Material Condition Defeats Claim for Defense or Indemnity
By Barry Zalma
Injury Leaving Porta-Potty not Covered by CGL for Failure of Condition Mitchell Baudoin sued seeking recovery for personal injuries received in a construction site accident. The trial court granted a…
Zalma on Insurance
Deepwater Horizon Litigation Continues to Resolve Insurance Issues
By Barry Zalma
Failure to Pay Attention to Additional Insured Agreement is Expensive In the latest installment of litigation spilling out of the Deepwater Horizon offshore explosion and fire centers on who should…
Hall Benefits Law Blog
Texas Justices Wrestle with Definition of “Employee”
By Anne Hall
In a coverage dispute between contractors, the Texas Supreme Court questioned how broadly the court should interpret the word “employee” under the Texas Anti-Indemnity Act (“TAIA”). One defendant, a crane…
New York Business Divorce
The Outer Limits of LLC Indemnification: Michael Cohen v Trump Organization
In this week's New York Business Divorce, we tackle one of the most spectacular and well-publicized business falling-outs of modern times: Michael D. Cohen's departure from the Trump Organization LLC,…
Delaware Corporate & Commercial Litigation Blog
Delaware Court Addresses Claw-Back of Corporate Advancement and Indemnification
A recent Delaware decision addressed the request for a claw-back of legal expenses that a company was ordered to advance to an LLC manager in a prior Court of Chancery…
Nonprofit Law Blog
Nonprofit Radio: Risk Management I – Indemnification
I spoke with host Tony Martignetti on his Nonprofit Radio podcast about indemnification as Part I of our two-part discussion on nonprofit risk management. This follows a recent post we published on indemnification…