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Index: Glossary of Insurance Terms |
Indemnify and Defend If I agree to indemnify my client and defend them as well, will this be covered by my insurance? Yes and, possibly, no. This one gets a little complicated because there are two issues at hand, thus, two different insurance policies. From a general liability perspective, you are in a position to do this provided your client is included as an Additional Insured on you general liability policy (which is the case more often than not-check your insurance requirements in the contract). So, with your client as an Additional Insured, your insurance company is already obligated to do so. Now, professional liability policies are a different matter as Additional Insureds are not allowed. And, before we go on, let's consider the fact that, as a professional, the chances of you having a professional liability claim are greater than you having a general liability claim--MUCH greater. Enter negligence and the limitations of contractual liability coverage under a typical professional liability policy. Professional liability policies will generally stand behind your agreement to defend your client, but only to the extent of your negligence. After all, this is what the law requires of you, and it mirrors the extent to which you are covered by your professional liability insurance policy. Please note the excerpt below from our ProNet Practice Notes issue entitled Vol. 4 NO. 2, Indemnification: How to Identify Unacceptable Risks and Get Them Out of Your Agreements. |
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