What does hold harmless?
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What does hold harmless?
What Is a Hold Harmless Clause? The hold harmless clause is a statement in a legal contract that absolves one or both parties in a contract of legal liability for any injuries or damage suffered by the party signing the contract. This clause is also known as a hold harmless provision.
Are hold harmless agreements legal?
Enforceability of Hold Harmless Agreements The general answer is yes, that these documents signing away your right to sue for negligence are legally enforceable.
What does indemnity payment mean?
Indemnity Payments — (1) The losses paid or expected to be paid directly to an insured by an insurer for first-party (e.g., property) coverages or on behalf of an insured for third-party (e.g., liability) coverages. (2) Payments made by the indemnitor under a hold harmless clause on behalf of the indemnitee.
What is a gap indemnity?
An indemnity requested by a title insurance company from either a borrower or a seller to minimize its risk during the time between closing a real estate transaction and the actual recording of the instrument.
Can you indemnify someone for their own negligence?
Generally (but not always), California courts agree to provide indemnity for own negligence if the parties use sufficiently specific and explicit language that is strictly construed against the indemnitee.
Can you indemnify for punitive damages?
In California, parties cannot create indemnification agreements for future, known unlawful acts but can make agreements for a past known unlawful act, except for felonies. California’s public policy also prohibits indemnification for punitive damages.
What is active negligence in California?
Active negligence, on the other hand, is found if an indemnitee has personally participated in an affirmative act of negligence, was connected with negligent acts or omissions by knowledge or acquiescence, or has failed to perform a precise duty which the indemnitee had agreed to perform.
Can the government indemnify a contractor?
A government agency may not indemnify its contractors for claims brought against them by reason of their own negligence. Nor may the United States agree in advance to assume liability for the negligence of its employees for which it may not otherwise be responsible under the Federal Tort Claims Act.
