Limiting the Time For Indemnification
Here's a Seventh Circuit decision (Foskett v. Great Wolf Resorts, et al.) full of information regarding claim accrual for negligent design, indemnification, and the theory of risk allocation. Two parties had entered into an asset purchase agreement with mutual indemnification clauses. Buyer and Seller had agreed to a sunset provision in Seller's indemnification provision. A claim accrued after the sunset provision and, on appeal, the court enforced the provision.
