Room: 118

This session will address commercial contracts and insurance policies as risk transfer vehicles, focusing on insured agreements, indemnity agreements and captive insurance as well as commercial insurance.  Using a role-playing exercise involving two contracting parties and an insurance company, we will examine how to 1) assess appropriate risks to transfer; 2) spot red flags in risk transfer contracts; 3) weigh the advantages and disadvantages of being named as an additional insured; 4) assess the adequacy of the other party’s insurance; 5) draft a basic indemnity agreement that maximizes enforceability; 6) apply alternative contract language to ensure appropriate risk transfer; 7) document and pursue insurance claims to minimize loss exposure; and 8) develop subrogation strategies. Notwithstanding all the moving pieces, we will strive for a unified view of risk transfer, emphasizing core principles of effective contract drafting, negotiation and enforcement.  Polling of the audience will be utilized throughout the presentation for an interactive experience.