We have become aware of instances whereby certain indemnification and hold harmless language in contracts are being modified to include exposure for COVID-19 resulting from any property condition or your employees at a location.
We urge clients to carefully review these provisions as counterparties may be modifying them without notice.
Accordingly, please seek counsel as needed. It’s important to remember that any agreement you execute that binds you to potential liability does not alter the terms of an insurance policy. There are elements in Hold Harmless and Indemnification language which are insurable and not insurable.
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