What is a Kotecki waiver?
What is a Kotecki waiver?
A Kotecki waiver is typically found in a contractual indemnity provision, where a party agrees to indemnify and hold harmless another party. The issue of coverage under an employers liability policy for liability above the Kotecki cap was addressed in Christy-Foltz, Inc., v.
What is the Kotecki doctrine?
Kotecki is an Illinois appellate court decision that caps employers’ liability in third-party actions filed by its employees (i.e., injured employee sues General Contractor, then the General Contractor sues the employer for indemnification and/or contribution).
What is a waiver of the Kotecki cap?
Although the courts have ruled an employers liability has been met by the Workers’ Compensation Act, many contracts still require the employer to indemnify a third party for these action over claims. If you indemnify a negligent third party whos caused injury to your employee, that agreement may be viewed as a waiver of the Kotecki cap.
Where to find a Kotecki waiver in the state of Illinois?
Archer Daniels-Midland, Co., 175 Ill.2d 201, 222 Ill.Dec. 91, 676 N.E.2d 1295 (1997). A Kotecki waiver is typically found in a contractual indemnity provision, where a party agrees to indemnify and hold harmless another party.
Can an employer waive its Kotecki protection by contract?
Subsequent to the Kotecki decision, Illinois courts held that an employer may waive its Kotecki protection by contract and thereby become potentially liable for its full pro rata See Liccardi v. Stolt Terminals, Inc.share of contribution liability., 178 Ill.2d 540, 227 Ill.Dec. 486, 687 N.E.2d 968 (1997); Braye v.
What is a Kotecki claim?
In short, it’s a legal decision. “Kotecki” comes from a 1991 Illinois court decision involving a worker’s job-related injury. A contractor’s employee was hurt on the job and sued while working at a property owner’s location. After collecting workers’ compensation benefits, the worker sued the property owner for damages arising from his injury.
