“Will Wisconsin Courts Interpret Indemnity Agreements and Additional-Insured Endorsements Differently in Light of Deepwater Horizon?”
Wisconsin Civil Trial Journal - Summer 2015 - Volume 13 - Number 2 07/01/15 By Patrick S. Nolan, Alexandra W. Shortridge
Below is an excerpt:
Two primary mechanisms for allocating risk in any business transaction are the indemnity agreements and additional-insured insured requirements contained in an underlying commercial contract. These agreements may trigger a third mechanism - the additional-insured endorsement. This trifecta is endemic to construction, real estate, manufacturing, distribution, engineering, and other enterprises where business relationships necessarily create potential liability to third parties. The indemnity agreement, additional-insured requirement, and additional-insured endorsement, often used in tandem and often designed to protect one of the parties to the contract, each provide a separate avenue for contracting parties to protect themselves and recoup losses sustained in the course of their business relationships.
Originally published in Wisconsin Civil Trial Journal, Summer 2015