Indemnification and hold harmless agreements are part of virtually every real estate transition. These agreements protect parties against financial loss or other liability arising from the occurrence of certain events. Indemnification is often backed by insurance policies. The interaction between indemnification provisions – scope, triggering events, assertion of claims and payment – and funding sources is typically very complex. This program will provide you with a real-world guide to indemnification and insurance in real estate development, ownership, and leasing.
• Forms of indemnification in real estate
• Scope of indemnity, triggering events or discoveries, ensuring payment of claims
• Utilizing insurance policies to guarantee and fund indemnification claims
• Types and roles of various forms of insurance – casualty, business/rent interruption, CGL
• Important differences among named insureds and additional insureds
• Drafting interaction of co-insurance, valuation, and agreed value endorsements
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