Collateral Exposure of Non-Signatory Affiliates in Commercial Contracts

Well-drafted commercial agreements identify the “Parties” clearly, define “Affiliates” separately, and specify any rights or obligations of party-affiliates in performance or enforcement provisions that apply only to them. Too often, however, commercial agreements use collective language—such as “ABC Company and its affiliates” or “ABC Company, collectively with its subsidiaries and other affiliates”—within the definition of …

Understanding Warranty Risk: How Warranties Work – Part 1

Commercial auto, workers’ compensation, and general liability insurance receive the lion’s share of attention from the captive marketplace. This focus is understandable. Commercial auto and workers’ compensation insurance are not only legally mandated but often contractually required. Liability insurance (CGL) indemnifies the insured against the most ubiquitous cause of action – negligence, making it a …