Claims
Indemnity
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Definition. Indemnity is compensation that restores a party for a loss — or a contractual promise to repay another party for future loss. It is the foundational principle of insurance: to make the insured financially whole, no better and no worse off than before.
Also known as:
indemnification, principle of indemnity, hold harmless
Indemnity means being made financially whole after a loss — restored to the position you were in before it happened, without profit. It is the foundational principle of insurance, which is why property claims pay actual cash value or replacement cost rather than an arbitrary amount, and why over-insuring never produces a windfall.
Indemnity also appears in contracts. An indemnification (or hold-harmless) clause shifts risk between businesses: the indemnitor promises to cover the indemnitee for certain losses. These clauses are common in trucking, construction, and professional-services agreements, and their wording (broad, intermediate, or limited form) decides how far the obligation reaches. Liability insurance is one mechanism for delivering that indemnity.
A key cash-flow nuance: indemnification-basis policies reimburse the insured after it pays the loss, while pay-on-behalf policies pay claimants directly. Contractual indemnity can also create uninsured exposure — a broad-form clause can obligate you beyond what your GL policy covers, which is why adding an additional insured matters.
Example
A contractor's client contract requires the contractor (indemnitor) to cover the client (indemnitee) for injuries arising from the work. When a sub injures a passerby, the contractor's GL responds — indemnifying both the contractor and, via the contract, the client — restoring them financially rather than paying a windfall.
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Disclosures
📘 Educational content only.
Reviewed by licensed Property & Casualty insurance agent
Jason Wootton (NPN 7694718). Not insurance advice, an individual recommendation, or a solicitation in any state. Insurance regulations vary by state. For specific coverage decisions, consult a licensed insurance agent in your state.
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