Insurance and Indemnity Gaps: How Outdated Clauses Create Hidden Risks

This session examines indemnification provisions in leases from both landlord and tenant perspectives, covering jurisdictional requirements, key drafting elements, and waiver of subrogation provisions. Practitioners will learn to identify problematic lease language and understand essential insurance requirements including CGL, property coverage, and additional insured status.

This session addresses insurance and indemnity requirements specific to construction contracts, including statutory limitations on indemnification and environmental liability considerations. Attendees will explore insured contract provisions, additional insured endorsement updates, and the critical limitations of relying solely on additional insured status.

This session covers insurance and indemnity provisions in purchase agreements and land contracts, including insurable interest transfers and representations and warranties insurance. Participants will learn about tail coverage requirements for claims-made policies and control of defense provisions in M&A transactions.

A brief intermission allowing attendees to refresh before continuing with the remaining technical sessions. Use this time to review materials and prepare questions for the upcoming policy review discussions.

This session provides practical guidance on reviewing client insurance policies to identify common coverage gaps including missing named insureds, co-insurance penalties, and inadequate building valuations. Attendees will learn about protective safeguards endorsements, business interruption limitations, and the value attorneys can add through informed policy review.

This session distinguishes between additional insured status, loss payee designations, and vendor coverage labels, explaining the practical implications of each. Participants will learn why loss payee status provides limited protection and why additional insured status is not equivalent to being a named insured.

This session reveals the significant limitations of certificates of insurance, including their point-in-time nature and standard disclaimer language. Attendees will learn best practices for verification including requiring actual policy copies and ensuring notice requirements are built into policy endorsements.

This concluding session synthesizes key concepts into a practical belt-and-suspenders approach combining strong indemnification provisions with adequate insurance coverage. Participants will receive actionable checklists for drafting insurance requirements and strategies for adding value to client relationships through insurance awareness.