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ATB'S DAN JACOBSON DISCUSSES INDEMNITY IN MCLE COLUMN FOR CALIFORNIA LAWYER
2013-02-12
DAN JACOBSON, SANTA ANA ATTORNEY, DISCUSSES INDEMNITY AGREEMENTS
IN MCLE COLUMN FOR FEBRUARY ISSUE OF CALIFORNIA LAWYER
SANTA ANA, California, February 12, 2013 – Dan Jacobson, of counsel to Adelson, Testan, Brundo, Novell & Jimenez (ATB), a national law firm focusing on workers’ compensation defense, has written a Continuing Legal Education column on the subject of indemnity in the February issue of California Lawyer, California’s magazine of record for the legal profession. Lawyers who read the article, take the accompanying exam, and submit the completed test to California Lawyer are credited by the California State Bar with completion of part of their Continuing Legal Education requirements.
Mr. Jacobson, who leads ATB’s Construction Defects practice, has written more than 30 scholarly legal articles and teaches contract law at Pacific West College of Law. His article, “Indemnity Primer,” clears a path of understanding through the thicket of statutes and cases that relate to indemnification contracts, and to non-contractual indemnification. It also discusses and explains widely used terms, such as express indemnity and implied indemnity. The article also cites numerous California judicial decisions that provide clarity as to how future indemnity disputes may be interpreted by courts.
The article also cautions against reliance on what Mr. Jacobson describes as “mythical” rules of indemnity that have sprung from the terminology of “Type I, Type II, and Type III” indemnity classifications. The courts have said these classifications are “no longer tenable.” Mr. Jacobson concludes by offering some guidelines and discusses considerations with respect to structuring indemnity agreements.
About Adelson, Testan, Brundo, Novell & Jimenez
Established in 1996, Adelson, Testan, Brundo, Novell & Jimenez (ATB) is a national law firm whose primary focus is the defense of workers' compensation claims, employer’s liability and related matters. With more than 130 professionals serving the litigation needs of insurance companies, third-party administrators and self-insured employers, ATB has the breadth of resources needed to assess large portfolios of cases, facilitate critical decisions on closure opportunities and provide experienced litigators to follow through on complex matters. Visit the ATB website at www.atblaw.net.