Wednesday, April 14, 2021
Insurance Sidebar :: Amy Stewart Law’s Blog on Insurance Coverage Issues Minimize

Indemnification and Insurance :: Contractual Risk-Transfer Provisions

Designed to shift responsibility from one potentially liable party to another, indemnity agreements are commonplace in many corporate contracts. These risk-transfer provisions appear routinely in agreements with vendors, suppliers, contractors, service providers, and other third parties, playing a central role in corporate risk management.   

When appropriately tailored to the parties’ relationship and the associated risks, indemnity and insurance terms can provide substantial protection to the company by transferring specified exposures to a third party and its insurers. As a practical matter, however, disproportionate reliance on existing form contracts and inconsistencies between the contract provisions and the parties’ insurance policies can spawn significant challenges, which often wind up in the legal department when the intended risk transfer does not function as planned.

I spoke at the spring 2019 UT Law CLE’s 41st Annual Corporate Counsel Institute on the interplay between indemnity agreements and insurance provisions in third-party contracts as a mechanism for transferring risk and the impact these provisions have on the insurance policies maintained by the contracting parties. A downloadable pdf of the paper accompanying my presentation can be found here.

Here are the highlights:

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Dallas Association of Young Lawyers Selects Marisa Jeffrey O’Sullivan as Outstanding Young Lawyer of the Year

The Dallas Association of Young Lawyers has selected Amy Stewart Law associate Marisa Jeffrey O'Sullivan as the recipient of the Outstanding Young Lawyer Award for 2019.

This award marks the second prestigious professional recognition that Ms. O’Sullivan has received this year. She was also selected to Texas Rising Stars published by Super Lawyers, which recognizes exceptional young attorneys in Texas—a distinction bestowed upon only 2.5 percent of the state’s attorneys.

“Marisa’s dedication to her work and her profession is at an impressive level very rarely seen in attorneys her age,” said firm founder and managing principal Amy Elizabeth Stewart. “Her wisdom reaches beyond her years, so it comes as no surprise that she should be recognized by our legal community and her peers.”

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Best Lawyers in Dallas List Honors Amy Stewart Law Principals Amy Elizabeth Stewart, Beverly Godbey

D Magazine released its annual list of the Best Lawyers in Dallas and has included Amy Stewart Law’s managing principal Amy Elizabeth Stewart and principal Beverly Godbey as two of the best practitioners of insurance law. This year marks Ms. Stewart’s eighth year on the list and Ms. Godbey’s tenth.

Since joining the firm, Ms. Godbey has consistently been honored alongside Ms. Stewart for their work in insurance coverage advocacy and litigation. This past year, they were both named to Texas Super Lawyers and The Best Lawyers in America, which also led to a firmwide recognition by Best Law Firms. Quite the year of accolades for all!

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Amy Stewart Law is a boutique law firm that represents policyholders exclusively in insurance coverage litigation and bad faith, with an emphasis in directors & officers liability, cyber insurance, fiduciary liability, professional liability and other specialty liability coverages.

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  • insurance coverage litigation
  • bad faith litigation
  • policy interpretation & analysis
  • insurance review & planning advice
  • advice | insurance disputes
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