Joseph Wang, associate in Seyfarth's Real Estate department, is co-presenting the NAPABA webinar "We Aren't Boilerplate! Indemnity vs. Subrogation vs. Insurance" on May 11, 2017. Joseph serves as co-chair of the NAPABA Real Property Committee.
Drafters of contracts hold the keys to inserting provisions that can mitigate client expenses and even liability, when disputes arise. Careful and thoughtful contract drafting can lead to significant reductions in litigation costs and exposure which in turn leads to tremendous savings for companies and clients. But, if pre-suit resolutions cannot be reached, counsel must ensure certain risk shifting provisions are in place, which includes understanding the interplay insurance, subrogation, contractual indemnity, and additional insured requirements. Often overlooked as “boiler plate,” understanding these provisions is vital for being able to fully advise clients on potential exposure, duties, and obligations under contracts.