Description
The allocation of risk accomplished by indemnification agreements is often a hotly negotiated term of real estate contracts and leases. When not negotiated, arrangements are frequently not in compliance with applicable state indemnification laws or do not reflect the fundamental axiom that liability should follow control. Unbalanced indemnification provisions often arise from unbalanced negotiating positions. This panel will address the nuts and bolts of indemnification agreements and insurance contracts, analyzing how indemnification agreements require one party (the indemnitor) to bear the risk of claims against the other party (the indemnitee) for loss and damages claimed by a third party. The role of insurance in providing a source of funds for indemnification obligations will be addressed.
Indemnification and insurance provisions are standard requirements of PSAs, leases, and construction contracts. Standalone indemnity agreements are also frequently employed to balance the rights of a counterparty with its obligations.
Informed counsel must recognize how to protect client interests by deftly structuring indemnification provisions, considering state law and respective risks and control in careful drafting.
Listen as our authoritative panel discusses current trends, practical strategies in negotiating these provisions, and the advanced arguments made by the parties to these instruments.
Presented By
Mr. Gurwin represents individuals as well as Fortune 500 corporations in insurance matters, business and real estate disputes. Areas of practice include Insurance litigation and appeals, first-party claims, third-party claims, claim management consulting, construction claims, and analysis and interpretation of insurance policies. Mr. Gurwin has over 40 years of experience, has served on the State Bar of Michigan Attorney Discipline Board, and is a member of the Insurance and Indemnity Section of the State Bar of Michigan and the Litigation Section and the Real Estate Section of the State Bar of Michigan.
Mr. Hale has more than 20 years of experience in the insurance industry as an attorney and a broker, and has represented both insurers and policyholders in coverage-related matters. He has taught insurance and risk management to thousands of insurance professionals and is routinely published as an expert on these topics. In addition, Mr. Hale has served as an expert witness in more than 150 insurance coverage and errors and omissions cases.
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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Date + Time
- event
Thursday, October 30, 2025
- schedule
1:00 p.m. ET./10:00 a.m. PT
I. Indemnification obligations in commercial PSAs
A. Seller indemnification
B. Buyer indemnification
C. Other indemnification issues
II. Indemnification obligations in lease agreements
A. Commercial leases
B. Insurance
III. Indemnification in construction contracts
A. Applicable law
B. Various positions
IV. Strategies and practical considerations
The panel will review these and other relevant issues:
- How can counsel craft adequate indemnification provisions in PSAs and/or leases that protect their clients?
- How can counsel best mitigate or allocate risk when drafting and negotiating these provisions?
- What are the most commonly disputed issues around these provisions, and what are effective strategies for resolving them?
- What are the insights into current trends for practical strategies in negotiating these provisions?
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Insurance and Indemnity Provisions in Commercial Real Estate Contracts: PSAs, Leases, and Construction Contracts
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