Exposure to Loss

 What are we doing? (What is the increased exposure?)  What do we get out of it? (Is it worth it?)  What is the likelihood of loss? (frequency)  How bad is bad if it happens? (severity)  How would this impact my SIR or Deductible?

 How would this impact my renewals? (Liability and Workers’ Compensation)  What are the politics involved?  What arms of my entity will be affected?  Are we compelled to enter. (contract of adhesion)

 What is the Best type of Claim to have?  What is the purpose?  So what type of Indemnity do I need or should negotiate toward?

How Much is Covered? Three or Four Types (Breadth of Responsibility) Broad Form Intermediate Form Limited Form Comparative Form (Vicarious Liability) To the fullest extent permitted by law, Contractor agrees to indemnify, defend, and hold harmless Owner (and list) from any and all claims... including claims alleged to have arisen from the sole negligence of Owner or its officers, employees, agents, or any other for which Owner may be liable.

H OW M UCH IS C OVERED ? Three or Four Types (Breadth of Responsibility) Broad Form Intermediate Form Limited Form Comparative Form (Vicarious Liability) Contractor’s Negligence Others’ Negligence Joint Negligence Indemnitee’s Sole Negligence

H OW M UCH IS C OVERED ? To the fullest extent permitted by law, Contractor agrees to indemnify, defend, and hold harmless Owner (and list) from any and all claims... Contractor’s obligation shall not extend to the sole negligence of Owner or its officers, employees, agents, or any other for which Owner may be liable. Three or Four Types (Breadth of Responsibility) Broad Form Intermediate Form Limited Form Comparative Form (Vicarious Liability)

H OW M UCH IS C OVERED ? Contractor’s Negligence Others’ Negligence Joint Negligence Indemnitee’s Sole Negligence Three or Four Types (Breadth of Responsibility) Broad Form Intermediate Form Limited Form Comparative Form (Vicarious Liability)

H OW M UCH IS C OVERED ? To the extent permitted by law, Contractor agrees to indemnify, defend, and hold harmless Owner (and list) from any and all claims... Contractor’s obligation shall not extend to the negligence of Owner or its officers, employees, agents, or any other for which Owner may be liable. Three or Four Types (Breadth of Responsibility) Broad Form Intermediate Form Limited Form Comparative Form (Vicarious Liability)

H OW M UCH IS C OVERED ? Contractor’s Negligence Others’ Negligence Joint Negligence Three or Four Types (Breadth of Responsibility) Broad Form Intermediate Form Limited Form Comparative Form (Vicarious Liability)

H OW M UCH IS C OVERED ? Three or Four Types (Breadth of Responsibility) Broad Form Intermediate Form Limited Form Comparative Form (Vicarious Liability) To the extent permitted by law, Contractor agrees to indemnify, defend, and hold harmless Owner (and list) from any and all claims, but only to the extent of Contractor’s negligence or that of Contractor’s officers, agents, employees, or of any other person or entity for which Contractor is liable.

Contractor’s Negligence Others’ Negligence Three or Four Types (Breadth of Responsibility) Broad Form Intermediate Form Limited Form Comparative Form (Vicarious Liability) H OW M UCH IS C OVERED ?

C OMMON A PPLICATIONS Broad Form IT / Internet Access Security Limited Form Improvement to Land Design / Construction Medical / Professional Intermediate Form General Services Comparative Form Mutual Indemnification Between Public Agencies

 What and how much?  Who? 1. Municipal, State or County Government? 2. Private entity? How much insurance does the State require of us?

Exposure to Loss