Indemnity Provisions Do Not Cover Strict Liability Claims, Federal Judge Says

Mealey's (November 17, 2020, 10:01 AM EST) -- BROOKLYN, N.Y. — A federal judge in New York on Nov. 13 denied an insurer’s motion for summary judgment in its lawsuit seeking indemnification for the $600,000 it paid to settle an underlying product liability settlement, finding that the indemnity provisions of an asset purchase agreement between its insured and the developer of resistance bands do not cover strict liability claims (Liberty Mutual Fire Insurance Company v. BRG Sports, Inc., et al., No. 17-2290, E.D. N.Y., 2020 U.S. Dist. LEXIS 212731)....