Engineer A Changed Circumstances Indemnification Clause Removal
O · Obligation
Individual
http://proethica.org/ontology/case/108#Engineer_A_Changed_Circumstances_Indemnification_Clause_Removal
Properties
Instance of
ChangedCircumstancesContractIndemnificationClauseRemovalObligation
http://proethica.org/ontology/intermediate#ChangedCircumstancesContractIndemnificationClauseRemovalObligation
Case context
Engineer A inserted the indemnification clause in the early 1980s during the liability crisis when pollution insurance was unavailable. The insurance industry has since re-entered the market, materially changing the circumstances that originally justified the clause and triggering an obligation to revise contractual terms accordingly.
Compliance status
unmet
Confidence
0.93
Importance
high
Obligated party
Engineer A
Obligation statement
Engineer A is obligated to re-evaluate and remove or substantially modify the self-negligence indemnification clause from his pollution-related service agreements, given that the original justification for the clause — unavailability of pollution insurance coverage — no longer applies following the re-entry of the insurance industry into the pollution coverage market.
Temporal scope
Upon discovery that pollution insurance coverage has become commercially available; applies retroactively to all existing agreements and prospectively to new ones
Relationships
Source Evidence
Source text
Engineer A had inserted the indemnification provision during the early 1980's at the time of the 'liability crisis' because of the unavailability of pollution-related insurance coverage.
Text references
Engineer A had inserted the indemnification provision during the early 1980's at the time of the 'liability crisis' because of the unavailability of pollution-related insurance coverage.
In recent years, the insurance industry has re-entered the pollution insurance market and now provides limited pollution coverage for an additional premium.
TTL
@prefix case108: <http://proethica.org/ontology/case/108#> .
@prefix owl: <http://www.w3.org/2002/07/owl#> .
@prefix proeth: <http://proethica.org/ontology/intermediate#> .
@prefix proeth-core: <http://proethica.org/ontology/core#> .
@prefix prov: <http://www.w3.org/ns/prov#> .
@prefix rdfs: <http://www.w3.org/2000/01/rdf-schema#> .
@prefix xsd: <http://www.w3.org/2001/XMLSchema#> .
case108:Engineer_A_Changed_Circumstances_Indemnification_Clause_Removal a proeth:ChangedCircumstancesContractIndemnificationClauseRemovalObligation,
owl:NamedIndividual ;
rdfs:label "Engineer A Changed Circumstances Indemnification Clause Removal" ;
proeth-core:competesWith <http://proethica.org/ontology/case/108#Engineer_A_Learned_Profession_Personal_Liability_Acceptance_—_Pollution_Services> ;
proeth-core:defeasibleUnder case108:Broad_Negligence_Indemnification_Provision_-_Engineer_A_Standard_Agreement ;
proeth-core:prevailsOver <http://proethica.org/ontology/case/108#Engineer_A_Section_III.9_Exception_Condition_Verification_—_Pollution_Services_Indemnification> ;
proeth:casecontext "Engineer A inserted the indemnification clause in the early 1980s during the liability crisis when pollution insurance was unavailable. The insurance industry has since re-entered the market, materially changing the circumstances that originally justified the clause and triggering an obligation to revise contractual terms accordingly." ;
proeth:compliancestatus "unmet" ;
proeth:conceptCategory "Obligation" ;
proeth:confidence "0.93" ;
proeth:derivedFromPrinciple case108:Changed_Circumstances_Contractual_Re-Evaluation_Obligation_Triggered_by_Insurance_Market_Re-Entry,
<http://proethica.org/ontology/case/108#Changed_Circumstances_Contractual_Re-Evaluation_—_Indemnification_Clause_Post-Liability-Crisis> ;
proeth:discoveredincase "108" ;
proeth:discoveredinpass "2" ;
proeth:discoveredinsection "facts" ;
proeth:firstdiscoveredat "2026-03-01T11:01:29.694130+00:00" ;
proeth:firstdiscoveredincase "108" ;
proeth:generatedattime "2026-03-01T11:01:29.694130+00:00" ;
proeth:importance "high" ;
proeth:obligatedparty "Engineer A" ;
proeth:obligationclass "Changed Circumstances Contract Indemnification Clause Removal Obligation" ;
proeth:obligationstatement "Engineer A is obligated to re-evaluate and remove or substantially modify the self-negligence indemnification clause from his pollution-related service agreements, given that the original justification for the clause — unavailability of pollution insurance coverage — no longer applies following the re-entry of the insurance industry into the pollution coverage market." ;
proeth:sourcetext "Engineer A had inserted the indemnification provision during the early 1980's at the time of the 'liability crisis' because of the unavailability of pollution-related insurance coverage." ;
proeth:temporalscope "Upon discovery that pollution insurance coverage has become commercially available; applies retroactively to all existing agreements and prospectively to new ones" ;
proeth:textreferences "Engineer A had inserted the indemnification provision during the early 1980's at the time of the 'liability crisis' because of the unavailability of pollution-related insurance coverage.",
"In recent years, the insurance industry has re-entered the pollution insurance market and now provides limited pollution coverage for an additional premium." ;
proeth:wasattributedto "Case 108 Extraction" ;
prov:generatedAtTime "2026-03-01T11:14:44.157122"^^xsd:dateTime ;
prov:wasGeneratedBy "ProEthica Case 108 Extraction" .
Metadata
Extraction details
Discovered in case
108
Discovered in pass
2
Discovered in section
facts
First discovered
2026-03-01T11:01:29.694130+00:00
First case
108
Generated
2026-03-01T11:01:29.694130+00:00
Attributed to
Case 108 Extraction
Generated
2026-03-01T11:14:44.157122
Generated by
ProEthica Case 108 Extraction