Insurance Indemnity Contract Template for Australia

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Key Requirements PROMPT example:

Insurance Indemnity Contract

"I need an Insurance Indemnity Contract for my Sydney-based architecture firm, covering professional liability and project-specific risks, with a coverage period starting January 1, 2025, and including specific provisions for subcontractor indemnification."

Document background
This Insurance Indemnity Contract is designed for use in the Australian jurisdiction when a party requires comprehensive insurance coverage against specific risks or liabilities. The document is essential for businesses and individuals seeking to transfer risk to an insurer in exchange for premium payments. It incorporates key requirements under Australian insurance law, including the Insurance Contracts Act 1984, and addresses crucial elements such as duty of disclosure, utmost good faith, and claims procedures. The contract is particularly relevant in situations involving professional indemnity, public liability, or specific business risks, providing a detailed framework for the scope of coverage, exclusions, and the claims process. It includes provisions for premium calculations, policy periods, and specific conditions that must be met to maintain coverage, while ensuring compliance with Australian regulatory requirements and industry standards.
Suggested Sections

1. Parties: Identifies and provides details of the insurer and the insured party

2. Background: Sets out the context and purpose of the insurance indemnity agreement

3. Definitions: Defines key terms used throughout the agreement for clarity and certainty

4. Scope of Indemnity: Details the specific risks, losses, or circumstances covered by the indemnity

5. Period of Insurance: Specifies the duration of coverage, including start and end dates

6. Limit of Liability: States the maximum amount payable under the indemnity

7. Premium: Details the premium amount, payment terms, and consequences of non-payment

8. Exclusions: Lists circumstances, events, or losses specifically excluded from coverage

9. Claims Procedure: Outlines the process for making claims, including notification requirements and timeframes

10. Insured's Obligations: Sets out the duties and responsibilities of the insured party

11. Cancellation and Termination: Specifies conditions under which the contract can be cancelled or terminated

12. Governing Law and Jurisdiction: Specifies that Australian law governs the contract and determines jurisdiction for disputes

Optional Sections

1. Subrogation Rights: Details the insurer's rights to pursue third parties, included when recovery rights are important

2. Multiple Insureds: Required when there are multiple parties being insured under the same contract

3. Cross Liability: Used when multiple insureds need to be treated as having separate contracts

4. Defense Costs: Included when the indemnity covers legal defense costs

5. Reinstatement Provisions: Added when the policy can be reinstated after a claim

6. Territory and Jurisdiction Extensions: Required when coverage extends beyond Australian jurisdiction

7. Premium Adjustment Provisions: Included when premium may be adjusted based on specified factors

Suggested Schedules

1. Schedule 1 - Premium Calculation: Detailed breakdown of premium calculation and payment schedule

2. Schedule 2 - Covered Locations: List of specific locations covered under the indemnity

3. Schedule 3 - Named Insureds: Complete list of all parties covered when multiple insureds are involved

4. Schedule 4 - Exclusion Details: Detailed explanation of specific exclusions and limitations

5. Appendix A - Claims Forms: Standard forms and documents required for claims submission

6. Appendix B - Risk Management Requirements: Specific risk management procedures required by the insured

7. Appendix C - Notification Procedures: Detailed procedures for notifying claims and circumstances

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Clauses
Relevant Industries

Financial Services

Insurance

Banking

Construction

Manufacturing

Healthcare

Professional Services

Real Estate

Mining

Transport and Logistics

Retail

Technology

Agriculture

Education

Energy

Relevant Teams

Legal

Risk Management

Compliance

Insurance Operations

Claims Processing

Underwriting

Finance

Operations

Corporate Governance

Business Development

Relevant Roles

Risk Manager

Insurance Manager

Chief Risk Officer

Legal Counsel

Compliance Officer

Operations Manager

Chief Financial Officer

Contract Manager

Claims Manager

Underwriting Manager

Insurance Broker

Business Development Manager

Corporate Secretary

General Counsel

Finance Director

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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