Insurance Indemnification Agreement Template for United States

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Key Requirements PROMPT example:

Insurance Indemnification Agreement

"I need an Insurance Indemnification Agreement for my construction company that covers third-party liability and property damage, with specific provisions for subcontractor claims and a coverage limit of $5 million, to be effective from March 1, 2025."

Document background
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.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

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

Industries

McCarran-Ferguson Act: Federal law (15 U.S.C. ยงยง 1011-1015) that establishes state regulation as the primary governance of insurance business and provides limited federal antitrust exemption for insurance activities

Dodd-Frank Act: Federal legislation that impacts insurance industry regulation and provides consumer protection measures in financial services including insurance

Federal Arbitration Act: Federal law governing arbitration provisions in contracts, which may be included in insurance indemnification agreements

State Insurance Codes: Individual state-specific laws and regulations governing insurance operations, requirements, and restrictions within each jurisdiction

Anti-Indemnity Statutes: State-specific laws that limit or prohibit certain types of indemnification provisions, varying by jurisdiction

Uniform Commercial Code: Standardized set of business laws regulating commercial transactions, including contract principles applicable to insurance agreements

Duty to Defend: Legal doctrine requiring insurer to provide defense against claims, distinct from the duty to indemnify

Duty to Indemnify: Legal obligation to compensate or reimburse another party for losses or damages covered under the agreement

State Insurance Commission Regulations: Regulatory requirements and guidelines established by state insurance commissioners governing insurance operations and agreements

Public Policy Limitations: Restrictions on indemnification for intentional acts, gross negligence, and other public policy considerations that may void certain provisions

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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