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"Will Wisconsin Courts Interpret Indemnity Agreements and Additional-Insured Endorsements Differently in Light of Deepwater Horizon?"


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

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