A recent Fifth Circuit case provides a useful tutorial for landlords and others seeking contractual indemnification and additional-insured coverage because it shows: (1) the different criteria for enforcing indemnification and insurance-procurement clauses; (2) why the indemnity is unenforceable, but the insurance clause is valid; and (3) how the "other-insurance" clauses in both parties' insurance policies may require the additional-insured's insurer to contribute to the defense and indemnity of a lawsuit, a result that is potentially troublesome. This is a landlord/tenant case, but the insurance and indemnity issues apply with equal force to any other type of commercial contract.
My colleagues here at T&K have prepared a bulletin discussing the case and its implications. You can read the bulletin by clicking here. For more information, please contact David White at david.white@tklaw.com or any of the other attorneys identified in the bulletin.
