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The Law of Indemnification and Its Interplay with Liability Insurance: A Fifty-State Survey
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Description
The Law of Indemnification and Its Interplay with Liability Insurance: A Fifty-State Survey ISBN 9781641054522
Indemnity is compensation provided to restore another party for a loss already incurred. Contractual indemnity, by contrast, is voluntarily assumed as a form of protection intended to prevent or shift potential loss. This contractually created obligation can have significant implications for another critical form of indemnity: the liability insurance policy.
The central issue is whether an indemnity agreement is enforceable and how it affects insurance coverage obligations. Each state summary in this guide follows a consistent structure:
Section 1 – General Rules of Contractual Indemnity
An overview of the fundamental principles governing indemnity agreements.
Section 2 – Exceptions to General Rules of Contractual Indemnity
A discussion of statutory and judicially created exceptions to the general rules applicable to indemnity contracts.
Section 3 – Indemnity Agreements as Insured Contracts
An analysis of when an insured’s agreement to indemnify a third party qualifies as an “insured contract” under state law, thereby limiting or negating exclusions for contractually assumed liability.
Section 4 – Operation of an Agreement to Indemnify Referring to or Requiring Insurance
An examination of the interaction between indemnity agreements and provisions requiring or referencing first- or third-party insurance coverage.
Although this guide primarily surveys the intersection of general liability insurance and an insured’s separate indemnity obligations, it also draws on relevant case law involving other types of insurance coverage when necessary to fully address the subject matter.
The Law of Indemnification and Its Interplay with Liability Insurance: A Fifty-State Survey ISBN 9781641054522, 978-1641054522 & 9781641054539
Details
- ISBN
- 9781641054522
- Publisher
- American Bar Association
- Publication Date
- February 2026
Condition Guide
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