The Role of Indemnity and Insurance in Business Transactions and Litigation

Krista Kochosky Insurance and Real Estate Litigation Attorney

Krista M. Kochosky

Nearly every contract contains an indemnity clause- many of them poorly drafted and unenforceable. An indemnity clause can accomplish many things from shifting the burden of defense costs, to changing the scope of liability of a party. The language is key and there are specific rules that come into play when an indemnity claim is made. Know how to draft and enforce an indemnity clause and how to best protect your client’s interests.

Krista Kochosky, who leads the Litigation Team at The Lynch Law Group, will join a panel of experienced commercial litigators to present the PBI Course, The Role of Indemnity and Insurance in Business Transactions and Litigation, on July 22nd, in Pittsburgh.

Course Overview

Identify the sources of indemnity

  • Common law and statutory law
  • Scope
  • Contract language

Learn how to draft contracts to maximize/minimize indemnification

  • By direct contractual indemnification
  • By insurance coverage for indemnification
  • By clearly defining covered events- negligence, gross negligence, breach on contract, breach of warranty, etc.

Learn and demystify the language of insurance coverage indemnity

  • Assumed liability exclusion v. insured contract provision in CGL
  • Purchasing and interpreting additional insured endorsement
  • What are covered events?
  • Triggering language
  • Caused by or arising out of

Discuss litigation issues

  • Timing
    • Tender
    • Initiation of contract and extra-contractual suits
  • Forum
  • Claims for declaratory relief, breach of contract, and bad faith
  • Damages

Location: PBI Professional Development Conference Center, Pittsburgh, PA
Time: 9:00 a.m. – 1:15 p.m.; check-in begins at 8:30 a.m.
Credits: 4 (3 Substantive, 1 Ethics) CLE credits

Ethics information has been integrated throughout this program. To receive ethics credit, you must attend the entire course.

More details on the program, including registration information, can be found in the PBI Course Catalog.


Krista Kochosky leads the Litigation and Real Estate Groups at The Lynch Law Group. She can be reached at (724) 776-8000 or kkochosky@lynchlaw-group.com.
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