Insurance Subrogation, Indemnity and Hold Harmless Releases: Navigating the Complexities
Protecting Subrogation Rights, Negotiating Subrogation Waivers, Indemnities and Settlement Releases
Recording of a 90-minute CLE webinar with Q&A
This CLE course will provide insurance counsel with an understanding of the critical principles of subrogation, the interplay of subrogation with indemnity and hold-harmless releases, and best practices in drafting and negotiating waivers of subrogation, releases and indemnification clauses.
Outline
- Statutory vs. contractual subrogation rights
- Waiver of subrogation clauses
- Apportionment of subrogation recovery
- Indemnity
- Hold harmless releases
Benefits
The panel will review these and other key issues:
- What are the different types of subrogation?
- How and when can waiver of subrogation agreements get in the way of successful recoveries and what can be done to avoid them?
- What are the differences between releases and hold harmless and indemnity clauses, and what are best practices for insurance companies in negotiating various settlement agreement language?
Faculty
Tarron Gartner-Ilai
Shareholder
Cooper & Scully
Ms. Gartner-Ilai’s practice focuses primarily on commercial and personal insurance coverage litigation with a... | Read More
Ms. Gartner-Ilai’s practice focuses primarily on commercial and personal insurance coverage litigation with a strong emphasis on matters involving underlying construction defect. She has an extensive background in insurance coverage and coverage litigation, including environmental, construction defect, products liability, and commercial and general liability disputes.
CloseSteven K. Gerber
Member
Cozen O'Connor
Mr. Gerber practices in the firm’s Subrogation & Recovery Department. He devotes his practice to the... | Read More
Mr. Gerber practices in the firm’s Subrogation & Recovery Department. He devotes his practice to the prosecution of complex large property loss subrogation matters, including actions arising from fires, building collapses, water damage, and product failures. Mr. Gerber frequently speaks on subrogation and recovery related topics.
CloseStephen D. Palley
Of Counsel
Anderson Kill
Mr. Palley focuses his practice on litigation, trial practice and insurance coverage. He has represented owners,... | Read More
Mr. Palley focuses his practice on litigation, trial practice and insurance coverage. He has represented owners, general contractors, construction managers and others in connection with insurance transactions and litigation for tens of billions of dollars of construction projects throughout the U.S. In 18 years of litigation experience, Mr. Palley has handled construction insurance disputes and other insurance disputes in state and federal courts across the U.S., along with a broad range of commercial litigation, products liability and other matters.
Close