Insurance Subrogation, Indemnity and Hold Harmless Releases: Navigating the Complexities

The scope of an insurer’s subrogation rights, generally a matter of state law, may be expanded or contracted depending on the language of the underlying policy. Understanding the interplay between subrogation law and policy provisions is critical.

Waivers of subrogation rights are sometimes found in commercial contracts where one or both of the parties agree to waive subrogation rights. Using boilerplate language has potential for problems down the line.

When insurance companies sign subrogation settlement agreements, counsel must carefully consider the language of the provisions on indemnity and hold-harmless obligations to shield the insurance company from unintended future liability.

Listen as our authoritative panel of attorneys guides you through the maze of subrogation principles, the interplay with contractual indemnities and hold harmless releases, and best practices for negotiating waivers of subrogation, releases and indemnification provisions.