Navigating Contractual Indemnification And Other Insurance Issues

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Wilson Elser Moskowitz Edelman & Dicker LLP

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More than 800 attorneys strong, Wilson Elser serves clients of all sizes across multiple industries. It maintains 38 domestic offices, another in London and enjoys more extensive international reach as a founding member of Legalign Global.  The firm is currently ranked 56th in the National Law Journal’s NLJ 500.
Carl Pernicone and James Siewert penned a column titled "Navigating Contractual Indemnification and Other Insurance Issues" in the May 5, 2016, issue of the Westchester County Business Journal.
United States Insurance

Carl Pernicone (Partner-White Plains) and James Siewert (Associate-Stamford) penned a column titled "Navigating Contractual Indemnification and Other Insurance Issues" in the May 5, 2016, issue of the Westchester County Business Journal. "In New York," explains Carl and Jim, "the courts will cancel out comparable excess other insurance clauses and deem multiple policies 'co-primary.' At that, point, the court will look to the 'method of sharing' language to make a determination about how the insurers will split the cost of defense and loss." Many small businesses will not have the risk-management resources necessary to compare all its insurance policies with all its contracts to determine where the "other insurance" language and indemnification provisions might conflict. Where possible, however, Carl and Jim encourage businesses to consider this "ounce-of-prevention" approach.

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Originally published in the Westchester County Business Journal, May 5, 2016

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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