You like fights over indemnification language? OK, here’s a reliable source of disputes: whether an indemnification provision covers just nonparty claims or whether it also covers claims between the parties.
I wrote about that in this 2011 post, but given the perils of copying and pasting dysfunctional contract language, you can expect that sort of dispute to crop up in litigation sporadically. Well, Keith Paul Bishop writes about just such a dispute in this post on his California Corporate & Securities Law blog.
As usual, I don’t care much about what the court decided and why. Instead, such disputes offer a there-but-for-the-grace-of-god moment. Contract parties get into such fights only if the drafters screw up.
