WebAug 14, 2024 · Indemnification clauses, more so than a hold harmless or duty to defend, need to be drafted carefully and in accordance with applicable guidelines which differ … Web424 (2003)). While the duty to defend arises if the facts as alleged in the complaint "even arguably" are within the coverage of the indemnification provision, the duty to indemnify arises only if liability actually exists under the indemnification language (see Nationwide Mut. Fire Ins. Co., 264 Ga. App. at 425-427;

Litigating the Duty to Indemnify - American Bar Association

WebApr 1, 2011 · In contrast, the duty to indemnify is determined by the actual facts, not what is pled. This means that you could have facts pled that create a duty to defend, but that the facts developed... WebThe duty to defend helps to solve these problems by requiring the insurer to fund the defense and play an active role in the litigation process. Moreover, since an insurer has a duty to defend its insured even if the allegations against it are groundless, false, or fraudulent, the duty to defend helps prevent an insured from being how far north do alligators live map

Defense and Indemnification Provisions: Lessons Learned from ... - ACC

WebSep 9, 2016 · The distinction between a duty to defend policy and a duty to indemnify policy is meaningful when there are significant defense costs incurred. Many policyholders see … Web(2002) (stating that the duty to indemnify is a legally separate duty from the duty to defend)). While the duty to defend arises if the facts as alleged in the complaint “even arguably” are within the coverage of the indemnification provision, the duty to indemnify arises only if liability WebNov 30, 2012 · In Massachusetts, the sub’s indemnity is limited to damage that it has caused. So Eire argued that, since it only owed an indemnity if it caused the damage, its … how far north does brightline go