Navigating the Complexities of Contribution and Indemnity: A legal framework for lawyers

Kristen S. Swift | Kaufman Dolowich

Kristen Swift concentrates her practice in insurance coverage and litigation, labor and employment, commercial litigation, construction, real estate, and recently launched an arbitration and mediation practice where she offers her services as a third-party neutral. Ms. Swift has nearly a decade of experience representing clients from case origination to resolution and achieving quality outcomes.

Ms. Swift defends clients in all aspects of insurance coverage and litigation. She represents directors and officers in high-stakes claims litigation, fiduciary coverage, bad faith dispute litigation, policyholder disputes, and defends insureds against various liability matters. Ms. Swift provides guidance and assistance to insurance carriers on underwriting and product development, including policies, endorsements, and coverage agreements. She defends businesses against employment disputes in wage and hour cases, retaliation, and discrimination claims, provides general consultation, advice, and employers, and assists with transactional matters. In her commercial litigation practice, Ms. Swift represents corporate clients as general counsel and assists corporate and individual clients in a range of disputes. Ms. Swift’s real estate practice includes advising Homeowner Association Boards and members and litigating HOA disputes. She assists individuals with nuisance claims, deed issues, and general real estate advising.

Before joining Kaufman Dolowich, Ms. Swift co-managed the Delaware office of a national law firm, developing their real estate practice and overseeing their workers’ compensation practice. Prior to that, she worked as an associate on civil litigation matters and as a litigator for a national insurance carrier. During law school, Ms. Swift was awarded the merit-based Josiah S. Wolcott Fellowship and clerked for former Justice Jack B. Jacobs of the Delaware Supreme Court. She interned for the Honorable Leonard P. Stark, formerly of the United States District Court, District of Delaware, and for the Honorable Judge Mary F. Walrath of the United States Bankruptcy Court, District of Delaware before graduating magna cum laude.

I. Equitable remedies of contribution and indemnity | 1:00pm – 1:20pm

II. The relationship between indemnifiers and indemnities | 1:20pm – 2:00pm

• Contractual versus common law basis for indemnification.
• When a claim for indemnification ripens
• Example indemnification clauses in contracts
• Enforceability issues
• Tender of defense preparation

Break | 2:00pm – 2:10pm

III. The relationship between parties that may give rise to contribution claims | 2:10pm – 2:30pm

• When to seek contribution
  • Jurisdictional considerations – joint and several liability issues
  • By right or by common law
• How to How to effectively present a case for contribution

IV. The difference between contribution and indemnification | 2:30pm – 2:50pm

V. Methods to use indemnification clauses and contribution claims to encourage settlement | 2:50pm – 3:10pm