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The most common example of indemnity in the financial sense is an insurance contract. For instance, in the case of home insurance, homeowners pay insurance to an insurance company in return for the homeowners being indemnified if the worst were to happen.
? An indemnity agreement will protect the party indemnified from lawsuits, damages, or claims from third parties. The party that provides the protection is the indemnitor, while the party protected is the indemnitee.??
With a real estate indemnity agreement, one party is pledging to protect another from any kind of financial loss or from a lawsuit of some kind. We often hear about an indemnity agreement when we are filling out our car insurance forms, but this type of agreement is commonplace in most other forms of law.
In simple words, the primary objective of a letter of indemnity is to make sure that both parties involved in a contract meet all the requirements so as to avoid losses to both the parties involved in a transaction. The idea of indemnity is derived from avoiding losses on account of someone else committing a mistake.
How to Write an Indemnity Agreement Consider the Indemnity Laws in Your Area. ... Draft the Indemnification Clause. ... Outline the Indemnification Period and Scope of Coverage. ... State the Indemnification Exceptions. ... Specify How the Indemnitee Notifies the Indemnitor About Claims. ... Write the Settlement and Consent Clause.
Indemnification, also referred to as indemnity, is an undertaking by one party (the indemnifying party) to compensate the other party (the indemnified party) for certain costs and expenses, typically stemming from third-party claims.
The letter of indemnity will indemnify the buyer's title insurer from any losses incurred due to the title defect and will typically also contain an ?undertaking clause? which means that your title insurance company will resolve the title defect after your closing.
An indemnification clause should clearly define the following elements: who are the indemnifying party and the indemnified party, what are the covered claims or losses, what are the obligations and duties of each party, and what are the exclusions or limitations of the indemnity.