Indemnity and Insurance in Business Transactions and Litigation

Krista Kochosky Will Instruct Indemnity and Insurance Course

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. It’s crucial to understand how to draft and enforce an indemnity clause to best protect your client’s interests.

Krista Kochosky, who leads the Real Estate Practice at The Lynch Law Group, will join a panel of experienced commercial litigators to present the Pennsylvania Bar Institute Course, The Role of Indemnity and Insurance in Business Transactions and Litigation. The course will be delivered via webcast on July 21, 2020.

Course Overview

Identify the sources and scope of indemnity

  • Common law
  • Statutory law
  • Contract law
  • Scope of indemnity
  • Limitations/Exceptions of Liability and Indemnification

Learn how to draft contracts to maximize/minimize indemnification

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

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: Webcast
Time: 9:00 a.m. – 1:15 p.m.
CLE Credits: 4 (3 Substantive, 1 Ethics)

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

Krista Kochosky has significant civil litigation and transactional experience in all areas of real property law. She counsels commercial/residential property owners in sales contracts, leases (retail and OGM), and civil disputes. She assists real estate investment groups with business formation, membership interest purchase agreements and land contracts, and assists developers and landowners with zoning and land use issues. She also has twenty years of experience representing real estate agents and brokers in breach of fiduciary duty and commission disputes and compliance with RELRA. Krista can be reached at 724 776-8000 or

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