This three-hour webinar will review the basic underpinnings of contractual liability and the difference between breach of contract and liability assumed by contract, as well as assuming the liability of others in a contract.
Webinar attendees will walk away with a better understanding of hold harmless and indemnity agreements often used in the construction industry, including definitions, the parties to the agreement and the notion of performance of an obligation to hold harmless and indemnify another.
Offering illustrations of each type of indemnity clause, the webinar will help participants explore the differences between the broad form, intermediate form and limited form indemnity clauses, including how such clauses affect third parties not a party to the indemnity. It will also include a review of limitations of indemnity agreements, including select state statute and case law, as well as a review of some statutes’ “insurance exceptions” and how they may apply.
Stanovich will also examine the contractual liability exclusion in the CGL policy, including whether the exclusion applies only to indemnity agreements or other types of liability assumed by contract; exceptions to the contractual liability exclusion, with an emphasis on “insured contracts”; and CGL policy provisions for defense of an indemnitee, including what types of indemnity agreements are not “insured contracts.”
The webinar will conclude with a review of the fundamental differences between “indemnification” and “additional insured,” including the rights of each and the potential consequences of tying additional insured coverage to an indemnity provision.
