Indemnity v. Insurance: What remedy prevails?

American Bar Association

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DATE: Friday, February 24, 2017

TIME: 2:30 PM - 3:30 PM

VENUE: Arizona Biltmore Resort & Spa, 2400 E. Missouri Ave, Phoenix, AZ 85016

Contractual indemnification clauses are among the most overused and misunderstood provisions that parties argue over and negotiate for.  This panel will address the interplay between liability insurance and contractual indemnification. Issues discussed will include: (1) what makes an indemnification agreement enforceable; (2) the differing limitations and scope of protection provided by indemnity clauses and liability insurance; (3) how an indemnification agreement can limit the rights of an insurer to bring an equitable contribution claim against co-insurers; and (4) how courts resolve conflicts between indemnification claims and additional insured rights.

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