Section Newsletters

Articles on Indemnity

The 10-year statute of limitations for breach of contract claims applies to express indemnity claims even if the express indemnity claim alleges construction defects and is based on a construction contract; Cause of action accrual provisions are enforceab By Clifford J. Shapiro Construction Law, April 2015 The recent case of 15th Place Condominium Association v. South Campus Development Team LLC, contains two important holdings for construction lawyers.
Appellate court holds treasurer not subject to higher post-judgment interest rate with indemnity awards By Mary Nicolau State and Local Taxation, April 2012 The Illinois Appellate Court recently issued a unanimous opinion addressing the post-judgment interest rate applicable to awards made pursuant to the Indemnity Fund.
Appellate Court upholds village’s contractual right to indemnification for its own alleged negligence By Michael D. Bersani Local Government Law, April 2008 In two recent cases of interest, the Illinois Supreme and Appellate Courts have addressed the validity and enforceability of indemnification provisions, specifically provisions that require indemnification for one’s own negligence.
Illinois Supreme Court construes indemnity provision to require indemnitor to indemnify indemnitee from its own negligence By Corey B. Stern Energy, Utilities, Telecommunications, and Transportation, March 2008 In Buenz v. Frontline Transp. Co., 2008 WL 217169 (Ill., Jan. 2008), the Illinois Supreme Court held that the language in an interchange agreement (hereinafter “Agreement”) between two carriers required the first carrier to indemnify the second carrier for any and all claims, even claims based on the second carrier’s negligence.
Indemnification redux: The Supreme Court rings in on contractual indemnification clauses in Buenz v. Frontline Transportation Company By Richard L. Turner, Jr. Civil Practice and Procedure, March 2008 Be mindful of drafting considerations with respect to “any and all” type language in indemnification provisions-at least outside the construction industry or the managed care health care field.
Public policy strongly favors contribution claim settlements: The Pierre Condominium Assn v. Lincoln Park West Associates, LLC By Richard L. Turner, Jr. Civil Practice and Procedure, March 2008 Although parties to contracts are free to waive or override other statutory provisions or protections, parties are not permitted to waive or ignore the good-faith settlement provisions incorporated within the Joint Tort Feasor Contribution Act, according to the recent decision in The Pierre Condominium Association v. Lincoln Park West Associates, LLC.

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