Schinnerer's RM Blog - Responses

Re: Be Wary of Prevailing Party Provisions

Paul Riccardi — Fri, 09 Sep 2011 18:14:45 GMT

We have a Management Advisory that addresses the issue of defense in relation to to indemnity. You can find the Advisory at <span style="font-family: "Calibri","sans-serif"; color: #1f497d; font-size: 11pt; mso-fareast-font-family: Calibri; mso-fareast-theme-font: minor-latin; mso-bidi-font-family: 'Times New Roman'; mso-ansi-language: EN-US; mso-fareast-language: EN-US; mso-bidi-language: AR-SA">http://www.schinnerer.com/risk-mgmt/Documents/ManagementAdvisories/Defending-indemnifying-clients.pdf.</span>

Re: Be Wary of Prevailing Party Provisions

Pete O'Hara — Thu, 08 Sep 2011 13:41:17 GMT

VOS has a great discussion on 'defense' when used in a professional liability indemnification. Could you post it on your blog? I have used it in the past to successfully negoitate with clients. Thank you.

Re: From the Desk of Joe Jones

Paul Riccardi — Tue, 11 Jan 2011 17:35:31 GMT

Liquidated damages are excluded under the policy so there would be no professional liability coverage for agreeing to pay for this type of damage. The professional liability policy provides coverage for negligence, and since a liquidated damages clause is a contractually agreed-to arrangement and not based on negligence, it is excluded.