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UPSC » UPSC CSE Study Materials » General Awareness » Indemnity

Indemnity

Indemnity refers to a contractual commitment in which one party is obligated to reimburse another party for loss suffered by that other party as a result of actions taken by the willingness to protect the other party.

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Indemnity refers to the entire type of insurance reimbursement that is paid out in the event of a loss or damage. In the context of law, the word “indemnity” can also mean a protection from having to pay compensation for losses or damages.Indemnity refers to an agreement made between two parties as part of a contract. As part of this agreement, one party has agreed to reimburse the other party for any potential losses or damages that may be caused by the other party. An insurance contract is a good illustration of this type of agreement since it stipulates that one party (the insurer or the indemnitor) will compensate the other party (the insured or the indemnitee) for any loss or damages in exchange for premiums paid by the insured to the insurer. When a policyholder purchases indemnity, the insurer agrees to compensate the individual or organization for any loss that is considered to be covered by the policy. This is referred to as “indemnifying” the policyholder.

Indemnify Meaning

Indemnity is a financial term that refers to protection or security against a financial obligation. An indemnity agreement is a legal document that, in the context of business law, absolves members of the board of directors and executives of the company from any personal culpability in the event that the company is successfully sued or is found liable for damages.An insurance business is a good illustration of a standard indemnitor and insured relationship since the insurer or indemnitor commits to pay the insured or indemnitee for any losses or damages that the insured or indemnitee may sustain over the course of a certain amount of time. In order for the insurer to be able to refund or compensate for any damages or losses, the insured person is required to make premium payments in order to bind the agreement. Indemnification can be paid for in monetary form, in the form of repairs and replacements, or in any other manner that the parties have discussed and agreed upon.

Types of Indemnity

1) Full and immediate indemnity

This is a formal agreement to indemnify, and it will typically include the terms & conditions that all of the parties involved are required to comply by. Contracts such as insurance indemnity contracts, construction contracts, and agency contracts are examples of these types of agreements.

2) The concept of implied indemnity

This responsibility to indemnify emerges not as a result of a formal agreement, but rather as a result of the actions of the parties involved or the nature of the conditions. One applicable illustration of this is the agent-principal business relationship. If the principal does not admit the goods which the agent has supplied to him, the agent is free to sell those goods to other people. However, the principal is compelled to compensate the agent for any loss that the agent incurs as a result of selling the goods.

Indemnify Example

An insurance premium has been paid to an insurance company by the owner of a business property so that she’d be able to recoup the costs of any damage or loss incurred by the establishment in the event that it is subjected to a catastrophic event in the future. In the event that the fire causes major structural damage to the building, the owner will be indemnified by the insurance company for the expenses of repair. This may take the form of the insurance company either going to reimburse the owner or rebuilding the damaged parts using its own authorised contractors.

Conclusion

Indemnity, as used in a more general context, refers to a sort of recompense that covers absolutely everything, even damages or losses incurred by one party to the other. Indemnification is a term that can also apply to a language in a contract that protects certain individuals, like board members, from bearing any legal responsibility for their conduct when they are operating on behalf of a corporation. Indemnity also has a significance in the legislation governing corporations. In this context, the term “indemnity” means a contract that absolves board directors of any personal culpability claims in the event that the corporation for which they are responsible is ever brought to court.As a result, the legal meaning of indemnification can be applied to a wide variety of different situations. The sole distinction lies possibly in the manner in which it is applied and interpreted on a case-by-case basis.

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Frequently asked questions

Get answers to the most common queries related to the UPSC Examination Preparation.

Why is it necessary to use indemnity?

Ans. The true relevance of an indemnification provision is th...Read full

What are the two goals that are served by indemnity?

Ans. Indemnity is a form of financial protection that covers costs incurred as a result of unavoida...Read full

Who foots the bill for the indemnity?

Ans. The losses paid or entitled to pay straightforwardly to an insured by an insurer for the first...Read full

How exactly does one indemnify another party?

Ans. When someone is indemnified, it means that they are released from liability for any damage or ...Read full

Are both of the parties able to indemnify one another?

Ans. Indemnification provisions that are mutually beneficial are designed to give both parties a fe...Read full

Ans. The true relevance of an indemnification provision is that it protects the party that is being indemnified against claims brought by third parties. A party’s indemnity provision will typically include a list of the types of legal processes against which they are protected, such as “any and all lawsuits, actions or proceedings, claims, damages, and liabilities.”

Ans. Indemnity is a form of financial protection that covers costs incurred as a result of unavoidable circumstances, such as accidents, negligent acts, blunders, or situations that cannot be prevented. The protection against claims and litigation that indemnity insurance offers is invaluable.

Ans. The losses paid or entitled to pay straightforwardly to an insured by an insurer for the first coverages such as property or on behalf of an insured for third-party coverages such as liability Indemnity Payments.

Ans. When someone is indemnified, it means that they are released from liability for any damage or loss that was caused by a certain transaction. The act of transferring one’s legal responsibility for an injury, loss, or damage to a third person in order to avoid being held liable for it or to shield oneself from such outcomes is known as indemnification.

Ans. Indemnification provisions that are mutually beneficial are designed to give both parties a feeling of peace of mind. Both parties to a mutual indemnity agreement commit to providing financial support to the other party in the event that the indemnifying party is found to be at fault for a breach of contract that resulted in monetary losses.

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