Mitigating Indemnity Exposure
Settling a Claim: Get Comfortable With Being Uncomfortable
NGE On Demand: Insurance and Indemnity Issues for Family Offices with Angela Elbert
The United States Court of Appeals for the Ninth Circuit, applying California law, has affirmed a district court’s determination that California Insurance Code § 533 barred indemnity and defense costs coverage for a lawsuit...more
The 2024 Oregon Legislative Assembly enacted SB 1575 (Or Laws 2024, ch 112) amending ORS 30.140 to limit public bodies from imposing certain indemnity obligations on construction professionals. The change applies to public...more
Welcome to the first 2025 edition of the Zelle Lonestar Lowdown! Our theme this year is Collaboration. We recognize that we are not an island in this industry and our clients, and ultimately the property owners, best benefit...more
On December 4, 2024, a federal court in the Eastern District of Texas issued a ruling vacating the notice requirement under the final regulations (the “Final Rule”) on hospital and other fixed indemnity insurance (“Fixed...more
Key Insurance Types for Construction - Construction projects often involve numerous risks, but various insurance policies are designed to mitigate these....more
Mr./Ms. Negotiator/scrivener/reviewer of Master Service Agreements: When did you last review your go-to indemnity provision? In light of Century Surety Company v. Colgate Operating LLC., perhaps you should do it now. The...more
Travelers Prop. & Cas. Corp. v. Chiquita Brands Internatl., Inc., 2024-Ohio-1775 - Several insurers sought a declaration that they were not obligated to indemnify the defendant when it resolved underlying claims alleging...more
Today's construction environment demands a lot from contractors who are pulled in multiple directions and whose responsibilities may seem limitless. Beyond performing good work, managing and effectively communicating...more
Catastrophe bonds using industry-loss triggers have become increasingly popular among ILS investors and cedant sponsors. Industry loss catastrophe bonds pose less adverse selection risk from the point of view of...more
Construction projects are often complex endeavors involving multiple parties, intricate contracts, and significant investments. Despite meticulous planning, disputes can arise, posing challenges that require legal expertise...more
Sellers and borrowers involved in real estate transactions are customarily asked to sign indemnity agreements in favor of the title insurer. In April 2024, the Arizona legislature amended A.R.S. § 20-1591, which will impact...more
This article addresses the legal and practical issues for lenders on leveraged buy-outs in relation to taking security over warranty and indemnity insurance policies. This article first appeared in the March issue...more
Weighing in on an issue that has divided courts nationwide, the U.S. Court of Appeals for the First Circuit has ruled that an insurer under Massachusetts law has no right to recoup defense costs, or amounts the insurer pays...more
As recently described by The New England Journal of Medicine, the liability risks associated with using artificial intelligence (AI) in a health care setting are substantial and have caused consternation among sector...more
Scott Fetzer Co. v. Am. Home Assur. Co., Inc., 2023-Ohio-3921 - In this 5-2 decision from the Ohio Supreme Court, the majority held that the tort conflict of law rules found in Section 145 of 1 Restatement of the Law 2d,...more
Federal law obligates all motor carriers participating in the transportation of property in interstate commerce for hire to show proof that they have the financial ability to cover any damage they cause to the public. One way...more
On November 8, 2023, Arrowood Indemnity was placed into voluntary liquidation in Delaware. Arrowood was the runoff entity for Royal Sun Alliance Insurance Group, and had been in operation for about twenty years, resolving...more
In a recent ruling, the United States Court of Appeals for the Fifth Circuit determined that an insurer owed no defense and indemnity to three strip clubs that had previously been sued for misappropriating the images of...more
On July 7, the Departments of Labor, Treasury, and Health and Human Services published a proposed rule (“Proposed Rule”) regarding, among other things, the requirements for fixed and hospital indemnity insurance to be...more
In Texas, many master service agreements (MSAs) related to the oil and gas industry typically contain provisions related to mandatory minimum insurance coverage and indemnity obligations. The Texas Supreme Court recently held...more
Whether they are new executive leaders or longtime members of a corporate board, directors and officers should be considering two prongs of protection – a robust insurance program and a tailored indemnification agreement. ...more
Indemnification of the policyholder is a core principle of the property insurance industry. A similar principle holds that the policyholder shall be “made whole” but not put in a better position than it was prior to the loss....more
The United States Court of Appeals for the Second Circuit rejected the Bellefonte Rule, which reinsurers relied upon to cap liability under certificates of facultative reinsurance for indemnity and expense. The...more
In 1990, the Second Circuit in Bellefonte Reinsurance Co. v. Aetna Casualty & Surety Co., 903 F.2d 910 (2d Cir. 1990), affirmed a District Court judgment that reinsurers were not obligated to pay additional sums for...more
Sheckler v. Auto-Owners Insurance Company, 2021 WL 493226, 2021 Ill. App. LEXIS 593 (Oct. 23, 2021), a decision of the Appellate Court of Illinois, Third Judicial District, concluded that principles of equity justified...more