Barry Klayman, a member of Cozen O’Connor’s Commercial Litigation and Bankruptcy, Insolvency & Restructuring Practice Groups, and Mark Felger, co-chair of the Bankruptcy, Insolvency & Restructuring Practice Group, co-authored an article in Delaware Business Court Insider on a recent Court of Chancery case dealing with the rights of a putative subrogee in the context of a claim for indemnification of defense costs. The court held that when a party has paid expenses on behalf of an indemnitee, that party can enforce the indemnitee’s rights by way of subrogation if the subrogee can show that it was secondarily liable for the loss and the defendant was primarily liable.
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