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Strategies to Fight Broad Form Indemnification and “Duty to Defend”

Code: 14173-DL

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List Price:  $329.00

Member Price:  $229.00

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In 2016, ACEC Georgia led the effort that resulted in successful passage of HB 943, a bill that prohibits the use of broad form indemnification and/or duty to defend clauses in contracts for engineering, surveying and architecture contracts. These prohibitions, which became effective July 1, 2016, apply to both public and private clients.

Join Michael "Sully" Sullivan for an overview of the process that led to this effort as well as the legislative strategies that contributed to passing this bill on the first try.

Learning objectives:

  • Identify the types of indemnification and how different types of indemnifications clauses relate to professional liability insurance coverage
  • Get an overview of the state of anti-indemnification legislation in various states as well as recent successful legislative efforts from across the country
  • Understand potential coalition partners from other affected professions as well as the potential pitfalls of legislative solutions that try to solve the problems of too many different industries
  • Learn some of the successful public policy arguments that resonated with legislators on both sides of the aisle as well as strategies for framing the debate in a way that will put you in a position to win
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