Indemnification & Risk Transfer
Who pays and when under New York indemnification law.
This section covers how indemnification works in New York litigation. The post and other resources address where liability is shifting, how contracts are tested, and when risk transfer becomes outcome-determinative.
Posts will examine how New York courts interpret indemnification clauses, apply General Obligations Law § 5-322.1, distinguish defense versus indemnity obligations, and resolve contribution and risk-shifting disputes among owners, contractors, and insurers.
What You’ll Find Here
- Contractual Indemnification Clauses
How courts interpret indemnification language, including “arising out of,” “resulting from,” and “to the fullest extent permitted by law” provisions - New York General Obligations Law § 5-322.1
Enforceability limits on indemnification clauses in construction contracts and common drafting pitfalls - Common-Law Indemnification
When indemnity is available based on actual fault, vicarious liability, or supervision and control - Indemnification in Labor Law Cases
Risk-shifting strategies in actions involving Labor Law §§ 200, 240(1), and 241(6) - Triggering Events and Causation Standards
What it means for a claim to “arise out of” or be “connected to” a party’s work - Indemnification vs. Contribution
Key distinctions, pleading requirements, and strategic implications in third-party practice - Defense and Indemnity Obligations
Whether indemnification provisions include a duty to defend and how that duty is enforced - Third-Party Actions and Procedural Strategy
Practical guidance on impleader, motion practice, and summary judgment involving indemnification claims
