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The main difference in this case is that ?hold harmless? may require a party to protect against actual losses as well as potential losses while indemnification protects against actual losses only. Certain states, including Ohio, Colorado, Louisiana and Delaware, hold that ?indemnify? and ?hold harmless? are synonymous.
The rule of indemnity, or the indemnity principle, says that an insurance policy should not confer a benefit that is greater in value than the loss suffered by the insured. Indemnities and insurance both guard against financial losses and aim to restore a party to the financial status held before an event occurred.
Indemnity is the obligation of a person to make good any loss or damage another has incurred or may incur by acting on the first person's behalf, or for the first person's benefit.
Indemnification in Contracts They reduce the legal hurdles to recover more. Generally speaking, they're easier to enforce because the indemnity creates an express remedy in the contract for payment of money: for a breach of a contractual promise: a warranty, innominate term or a condition.
The right to indemnification may be implied by obligation of law in vicarious liability situations or created by express contract. Implied (or common law) indemnification exists where ?the law imposes liability on a party who has committed no actual wrong but who is held responsible for a loss ... ?
The Illinois Construction Contract Indemnification for Negligence Act (Anti?Indemnification Act) (740 ILCS 35/0.01 et seq. (West 2000), essentially voids any agreement in a construction contract to indemnify or hold harmless a person from that person's own negligence.
Indemnity is a type of insurance compensation paid for damage or loss. When the term is used in the legal sense, it also may refer to an exemption from liability for damage. Indemnity is a contractual agreement between two parties in which one party agrees to pay for potential losses or damage caused by another party.