Navigating the Choppy Waters of Indemnification

Many types of contracts require one party to indemnify another for first-party losses or against claims made by third parties. The indemnity obligation also may be imposed by law in the absence of a contractual obligation. But, as the person entitled to indemnity (the indemnitee), making sure you get what you intended isn’t always a simple trip from right to remedy. It requires the preparation and attention of a skilled mariner charting the best course and tacking through changing winds and choppy seas. This post discusses some of the most important considerations.