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Contract Negotiation/Drafting
Charles E. Comiskey is President of RiskTech, Inc., Houston’s oldest risk management consulting firm and is Sr. V.P. of Brady Chapman Holland & Associates, one of the largest privately-held insurance brokerage firms in the U.S. Holding numerous professional designations in the fields of risk management, insurance and business continuity, Comiskey is a nationally recognized expert,…
Mr. Johnston is a civil litigator concentrating his practice in insurance, consumer, personal injury and commercial litigation. He is licensed to practice in Texas and Oklahoma. Mr. Johnston is Board Certified in Consumer & Commercial Law (which includes Insurance Law) by the Texas Board of Legal Specialization. He is also Board Certified in Civil Trial…
INSURANCE INDEMNIFICATION AND HOLD HARMLESS AGREEMENTS – The Purchase Order Agreement addresses the importance of using a purchase order agreement and provides a sample document attorneys can modify to meet the needs of their client. Indemnification and insurance language has been carefully selected in order to maximize any available insurance.
The purchase order agreement is a business to business contract that is seldom thought of as a rsik management tool. In fact, with the advent of the internet it is rarely used. When purchase orders printed on paper were used the purchase order was on the front of the document and the purchase order agreement (contract) printed on the back.
Attorneys should urge their clients to return to the use of purchase order agreements. In our ever increasing litigious society when something goes wrong, someone gets sued. While a purchase order agreement can’t stop litigation, it can create the rules of the game. Relying on Tort alone is not advisable in any situation – especially the business to business transaction.
When insurance is intended to be the primary assurance that indemnification agreements are properly funded, it is critical that contract language is written in such a way that insurance policies are able to respond.
Crafting insurance and indemnification agreements is an art that involves understanding the nature of risks transferred, the nature of risks assumed and how to best protect a client from the legal and financial implications of those risks. It also requires an understanding of insurance policies and the type of coverage they can or cannot provide.
This article explores the issues and problems related to drafting insurance, indemnification and hold harmless agreements.
Lee Hoffman is a Consulting Expert on matters related to commercial and personal property and casualty insurance and risk. His expertise includes policy interpretation and claim denials, agency operations, errors & omissions, customs and practice, standard of care, duties and how to create seamless interoperation of insurance with risk. His expertise includes insurance agency automation…
