The Insurance Indemnification Agreement serves as a critical risk management tool in the United States, providing clarity and legal structure to insurance obligations and coverage. This document is essential when parties need to establish clear terms for risk transfer, claims handling, and payment procedures. The agreement must comply with both federal insurance laws and state-specific regulations, which can vary significantly by jurisdiction. It typically includes detailed provisions about covered risks, exclusions, notification requirements, and claim procedures.
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1. Parties: Identifies the insurer, insured, and any additional parties to the agreement
2. Background/Recitals: States the context and purpose of the indemnification agreement
3. Definitions: Defines key terms used throughout the agreement, including 'Loss', 'Claim', 'Indemnified Party'
4. Scope of Indemnification: Details the specific risks, losses, and circumstances covered by the indemnification
5. Indemnification Procedures: Outlines the process for making claims and handling indemnification requests
6. Payment Terms: Specifies timing and method of indemnification payments
7. Term and Termination: Defines duration of agreement and termination conditions
1. Subrogation Rights: Details rights of insurer to pursue third parties - include when third-party claims are likely
2. Choice of Law and Jurisdiction: Specifies governing law and jurisdiction for disputes - include when parties are in different jurisdictions
3. Arbitration Clause: Establishes arbitration as dispute resolution method - include when parties prefer alternative dispute resolution
4. Insurance Requirements: Specifies required insurance coverage - include when additional insurance requirements exist
1. Schedule of Covered Risks: Detailed list of specific risks covered by the indemnification
2. Schedule of Exclusions: List of specifically excluded risks or circumstances
3. Claims Procedure: Detailed process for submitting and handling claims
4. Certificate of Insurance: Proof of existing insurance coverage
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