Indemnification Clause Unenforceable if Negligent Parties Are Indemnified

by Kent Holland | Feb 9, 2011 | indemnification clause, Newsletter Article

Where an indemnification clause in a construction subcontract was so broad as to require the subcontractor to indemnify a project owner and construction manager for their own negligence, a court held the clause could not be enforced during a summary judgment motion...

Anti-Indemnity Statute does not Void Additional Insured’s Coverage

by Kent Holland | Feb 9, 2011 | indemnification clause, Newsletter Article

Where a construction contractor signed a contract containing an indemnification clause agreeing to indemnify the project owner for all claims arising under the contract, including those caused by the owner’s negligence, a court held that a liability insurance policy...

Recovery of Attorneys Fees: Indemnity Obligation

by Kent Holland | Feb 7, 2011 | indemnification clause, Newsletter Article

As a general rule, attorneys fees that one party expends in litigation cannot be recovered from another party in the absence of an express contractual provision requiring it. But is there a different result when a defendant in a case is required to pay damages to a...

Contractor Required to Indemnify Negligent Party

by Kent Holland | Feb 7, 2011 | indemnification clause, Newsletter Article

Pursuant to the indemnity clause of its lease agreement with a landowner (Washington Street Investments (WSI), the Goettl Air Conditioning Company (Goettl) agreed to indemnify WSI for all damages caused in whole or in part by Goettl’s negligence. When one of...

Indemnification language found ambiguous and unenforceable

by Kent Holland | Feb 7, 2011 | indemnification clause, Newsletter Article

According to a Louisiana appellate court, an indemnification clause can not be enforced to require a party to indemnify  for the indemnitee’s own negligence unless the clause specifically states that to be the intent of the parties in no uncertain terms. An...

Agreeing to Pay Reasonable Attorneys Fees as Part of Indemnification May Create Uninsurable Loss

by Kent Holland | Dec 31, 2010 | indemnification clause, Newsletter Article

A question that is asked with increasing frequency is whether attorneys fees incurred pursuant to an indemnity clause are insurable where they are not incurred due to a duty to defend (i.e., paid on behalf of the indemnitee) but are instead paid after the litigation...