Article
The Contract, The Law and The Courts
CLM Magazine
(2017)
Abstract
Indemnification provisions are complex and varied, and must be parsed according to the language of each individual contract. These contracts must be analyzed in light of the relevant jurisdiction, including various state statutes which may proscribe or limit indemnification for the indemnitee’s own negligence. Even in situations in which contractual indemnification is not available, an indemnitee may still be able to benefit from an insurance clause which obligates the indemnitor to procure insurance naming the indemnitee as an additional named insured. Finally, counsel should carefully look at the facts of each case, as there is no statutory impediment to indemnification in situations where the indemnitee is truly free from fault.
Keywords
- construction,
- indemnification contracts
Disciplines
Publication Date
September 8, 2017
Citation Information
Barry R. Temkin and Robert Usinger. "The Contract, The Law and The Courts" CLM Magazine (2017) Available at: http://works.bepress.com/barry_temkin/51/