#indemnification

“The Trump Organization agreed to indemnify me for legal fees and costs incurred in connection with my employment there. When it was publicly reported that I might be cooperating with prosecutors, the Trump Organization breached its agreement and stopped paying fees and costs. My counsel contacted the Trump Organization and asked them to fulfill their obligations to me. They did not respond, so we filed this lawsuit.”

*munch*munch*munch*

Recreation Law logo Indemnification agreements in releases fail. You cannot write the language in a release to qualify for indemnification. Here the ski area tried to get greedy and got slammed. Vladichak v. Mountain Creek Ski Resort, Inc., A-1367-20 (N.J. Super. App. Div. Apr 13, 2022) State: New Jersey; Superior Court of New Jersey, Appellate Division Plaintiff: Andrea Vladichak Defendant:…

ANDREA VLADICHAK, Plaintiff-Respondent, v. MOUNTAIN CREEK SKI RESORT, INC., Defendant-Appellant, and MICHAEL LAVIN, Defendant-Respondent. No. A-1367-20 Superior Court of New Jersey, Appellate Division April 13, 2022 This opinion shall not “constitute precedent or be binding upon any court .” Although it is posted on the internet, this opinion is binding only on the parties in the case and…

One of the best insurance policies a cannabis business can get is a written contract. Paying a lawyer a little bit up front can save hundreds of thousands when things go south. A lot of folks in the cannabis industry are still doing deals on a handshake basis (you can see some of our older posts on handshake deals below). In this post, I’ll outline a few of the best reasons why written contracts…

Sometimes you can go too far and in this case Mountain Creek Ski Resort went stupid far.

In attempting to recover their defense costs and attorney’s fees based on a rental agreement, they court found the agreement was a contact of adhesion. Vladichak v. Mountain Creek Ski Resort, Inc. (N.J. Super. App. Div. 2022) State: New Jersey Plaintiff: Andrea Vladichak Defendant: Mountain Creek Ski Resort, Inc., and Michael Lavin Defendant Lavin Claims: indemnity clause is ambiguous Defendant…

Vladichak v. Mountain Creek Ski Resort, Inc. (N.J. Super. App. Div. 2022)

ANDREA VLADICHAK, Plaintiff-Respondent, v. MOUNTAIN CREEK SKI RESORT, INC., Defendant-Appellant, and MICHAEL LAVIN, Defendant-Respondent. No. A-1367-20 Superior Court of New Jersey, Appellate Division April 13, 2022 This opinion shall not “constitute precedent or be binding upon any court .” Although it is posted on the internet, this opinion is binding only on the parties in the case and…

“City Loses It Claim Against Insurance Co.,” Toronto Star. March 30, 1932. Page 1. ---- Judge Criticizes Way Municipality Looks After Its Money --- Dismissing with costs an action for $7,732 on an indemnification policy brought by the city against the Imperial Guarantees Insurance Company of Canada, Mr. Justice Logie said: ‘If the city would look after its money better we would not have such heavy taxes to pay.’

The city’s claim was for the balance alleged to be due on the $10,000 indemnification policy held from defendant company against losses by embezzlement, theft, or defalcation by Ernest G. Lye, an employee of the city treasurer's department, at present serving a term of imprisonment at Kingston Penitentiary, after conviction for theft in February, 1930.

The city, represented by F. A. Campbell, claimed that they had only received the sum of $2,267, whereas, the policy entitled them to a $10,000 indemnification.

Gideon Grant, K.C., for defendant company, maintained that the policy contained the following terms and conditions:

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