![]() ![]() New York Courts also allow for partial indemnification, where the provision contemplates same by including what is commonly known as a “Savings Clause.” The phrase, “To the fullest extent permitted by law,” has been held to create partial indemnification in cases where the indemnification provision violates the General Obligations Law. ![]() Two Exchange Plaza Partners, 76 N.Y.2d 172 (1990) Itri Brick & Concrete Corp. However, an indemnification provision is still enforceable even if it does violate the General Obligations Law on its face if the party seeking indemnification can show they were free of negligence and the party whom they are seeking indemnification from was negligent. Law § 5-322.1 provides an indemnification provision is overly broad and voidable if it seeks to indemnify a party for its own negligence. In New York, construction agreements indemnifying a party for their own negligence are deemed void as against public policy. Limitations and Extent of Contractual Indemnification.To the fullest extent permitted by law, service provider shall indemnify and hold harmless the owner, their agents, assigns, officers, and employees from and against any claims, damages, losses and expenses, including but not limited to attorneys’ fees, arising out of or resulting from the performance of the work, provided that such claim, damage, loss or expense is attributable to bodily injury, death, sickness, disease or destruction of tangible property. The following indemnification clause, or some variation thereof is found in most contracts: The Court of Appeals has held, “A party is entitled to full contractual indemnification provided that the ‘intention to indemnify can be clearly implied from the language and purposes of the entire agreement and the surrounding facts and circumstances.’” (citations omitted) Drzewinski v. Where parties such as a general contractor and subcontractor enter into a contract, it usually contains a provision that requires the subcontractor to defend, indemnify and hold harmless the general contractor and owner of the project. While this paper will discuss these four causes of action in general, it will primarily focus upon employer liability and the priority of coverage when a ‘grave injury’ is alleged. Typically we see these causes of action exploited in New York Labor Law cases, but they are used whenever multiple tortfeasors or service providers are involved in personal injury actions. ![]() Two based upon contractual requirements which are known as Contractual Indemnification and Insurance Procurement, and two based upon the common law: Common Law Indemnification and Contribution. There are four basic causes of action involved in pursuing risk transfer. ![]()
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