Akerman Litigation Partner Mark Shutt examines the increasing use of risk-shifting in contractual indemnity and additional insured provisions in a new Texas Lawyer article. Increasingly popular in today's litigious environment, properly evaluating these provisions can result in a significant transfer of risk and exposure from an otherwise legally culpable indemnitee and its insurers to the indemnitor and its insurers – or provide a valid basis for preventing such an extraordinary transfer.

Mark outlines a short framework for evaluating the application and enforceability of contractual indemnity and additional insured obligations to understand their scope, their enforceability under state law, and their coverage implications under the indemnitor’s policies.

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