FormanWatkins specializes in tendering and prosecuting indemnity claims, including claims for additional insurance coverage. Indemnity rights derive from contract, common law, and/or statute and vary by state. Indemnity can include compensation for costs incurred: defending lawsuits; settling lawsuits; satisfying judgments; and/or prosecuting indemnity rights against indemnitors.
The firm is frequently hired to pursue indemnity claims concurrent with but independent of the defense of underlying claims. This practice reflects the dramatic differences in the nature and posture of defending underlying lawsuits and prosecuting indemnity claims. The practice also reflects parties entitled to indemnity often being co-defendants with parties owing the indemnity.
The firm’s philosophy towards indemnity claims is they must be pursued rapidly and doggedly. The firm frequently obtains indemnity without recourse to litigation. The firm has also litigated several indemnity claims in state and federal court, including a successful trial in federal court resulting in an almost $900,000 award that was affirmed on appeal.
FormanWatkins' indemnity practice is national in scope, with the firm having successfully pursued indemnity claims in a variety of states, including California, Mississippi, Texas, Louisiana, Washington, Illinois, and Delaware.