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DEFENSE AND INDEMNITY OF ADDITIONAL INSUREDS by Gregory L. Dillion Michael S. Orr DEFENSE AND INDEMNITY OF ADDITIONAL INSUREDS TABLE OF CONTENTS Page(s) I. INTRODUCTION .

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– The duty to indemnify arises only once loss, damage, or liability has been incurred. – The duty to defend, by contrast, arises when a claim has been made that could potentially result in loss, damage, or liability. • Exculpatory or limitation-of-liability provisions.

If the pleadings allege that there is a sufficient causal nexus between the loss and the named insured, then the duty to defend the putative AI is triggered. Moreover, even if the pleadings do not reference any such nexus, in most states extrinsic evidence and facts known beyond the complaint may also be considered.

Some jurisdictions hold that even if there is a duty to defend, there may be no duty to indemnify, and vice versa. Other jurisdictions hold that if there is no duty to defend, there can be no duty to indemnify.

To indemnify, also known as indemnity or indemnification, means compensating a person for damages or losses they have incurred or will incur related to a specified accident, incident, or event.

A tender is a demand made to someone who has (or should have) primary responsibility or liability for some casualty, either by law or by contract, to indemnify, and possibly to defend, an innocent or passive defendant from a claim or lawsuit.

An additional insured is a party to the insurance policy, giving them an independent right to enforce its rights under the insurance policy directly • against the insurance company. indemnity expressly states that indemnitor is agreeing to assume liability for injuries to its own employees.

It is the insurer's duty to defend you, to provide legal defense counsel to respond to allegations made against you, while the duty to indemnify is an obligation of the insurance company to actually pay any damages that may be owed as a result of those lawsuits.

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© Copyright 1997-2025
airSlate Legal Forms, Inc.
3720 Flowood Dr, Flowood, Mississippi 39232
Form Packages
Adoption
Bankruptcy
Contractors
Divorce
Home Sales
Employment
Identity Theft
Incorporation
Landlord Tenant
Living Trust
Name Change
Personal Planning
Small Business
Wills & Estates
Packages A-Z
Form Categories
Affidavits
Bankruptcy
Bill of Sale
Corporate - LLC
Divorce
Employment
Identity Theft
Internet Technology
Landlord Tenant
Living Wills
Name Change
Power of Attorney
Real Estate
Small Estates
Wills
All Forms
Forms A-Z
Form Library
Customer Service
Terms of Service
DMCA Policy
About Us
Blog
Affiliates
Contact Us
Privacy Notice
Delete My Account
Site Map
Industries
Forms in Spanish
Localized Forms
State-specific Forms
Forms Kit
Legal Guides
Real Estate Handbook
All Guides
Prepared for You
Notarize
Incorporation services
Our Customers
For Consumers
For Small Business
For Attorneys
Our Sites
US Legal Forms
USLegal
FormsPass
pdfFiller
signNow
airSlate workflows
DocHub
Instapage
Social Media
Call us now toll free:
1-877-389-0141
As seen in:
  • USA Today logo picture
  • CBC News logo picture
  • LA Times logo picture
  • The Washington Post logo picture
  • AP logo picture
  • Forbes logo picture
© Copyright 1997-2025
airSlate Legal Forms, Inc.
3720 Flowood Dr, Flowood, Mississippi 39232