Questions and Professional Answers

• contract of indemnity

  can a party invoke indemnity clause on demand

  • Re: contract of indemnity

    yes

    G. M. Gupta
    gmguptaandassociates

  • Re: contract of indemnity

    yes you can.if you need further information, please feel free to contact me.

    jeffrey lazroe
    Jeffrey A. Lazroe attorney at law

  • Re: contract of indemnity

    Yes

    Aniruddha Pawse
    Aniruddha.P.Pawse Advocates

  • Re: contract of indemnity

    Yes it can be revoked.

    Homi Maratha
    N.N. Maratha & Co.-Advocates

• Indemnity Bond

  Before death First Holder of the Flat had already Nominated 4 Nominees by submitting Form No. 14 for Nomination. 1. Now,after his death, do the nominees required to file ''Indemnity Bond'' to claim deceased person's share in the Flat property ? 2. From where to get the said ''Indemnity Bond'' ? 3. Do the same reqd. to be notarised or submitted on stamp paper ? If yes of what amt.of stamp. ?

  • Re: Indemnity Bond

    Kindly check with secretary of the society for the formalities to be completed. I believe that you must be aware that nominee is merely a trustee of heirs of the deceased. As such, question of share of nominee in the estate of deceased does not arise. In Maharashtra State, stamp duty for Indemnity Bond is Rs.200/-. Proforma of Indemnity Bond will be available with the secretary of the Society.

    Shrichand Nahar
    S.V.Nahar, Advocate

• lease and indemnity agreements

  if a lease contract is rescinded due to fraud in the inducement, is an underlying indemnity agreement indemnifying an innocent third party also rescinded?

  • Re: lease and indemnity agreements

    Everything in the contract is nullified

    Gass Timothy
    Gass Law Office

• Indemnity Clause

  What is the need for an indemnity clause in a Share Purchase agreement when a clause for for breach is already exists.

  • Re: Indemnity Clause

    that depends on need for that ... a lot of things are finalised between parties so all things depends on ur terms and conditions.

    G. M. Gupta
    gmguptaandassociates

  • Re: Indemnity Clause

    Depends on terms and conditions

    Aniruddha Pawse
    Aniruddha.P.Pawse Advocates

• Release and Indemnity Agreement

  I was involved in a MVA 8 months ago. The other driver ran a stop light and hit my car. They were given a citation for the accident and admitted fault. There insurance company has accepted totally fault and liability for the accident including medical expenses. My car was totaled and I have already been compensated for that. I have also reached the point where I am satisfied with the offer from the insurance company to settle medical claims and pain and suffering. When I received the Release and Indemnity Agreement from the Insurance company there were some paragraphs and statements that I was not comfortable with. One of the paragraphs were stated as if I was releasing the driver and the insured from any liability as well as any fault in the accident.1. What can I do if I am not satisfied with the Indemnity Agreement? How should I approach the legal department of the insurance company to change the verbage in the agreement?I would post the Indemnity Agreement, but that exceeds the 1250 limit.

  • Re: Release and Indemnity Agreement

    It is standard practice to sign a general release releasing the offender when settleing a claim so that you cannot start the matter again.

    David Slater
    David P. Slater, Esq.

• Professional Indemnity insurance Cover between USA and UK

  A global company has its Headquarters in the USA. It has satellite offices in (say) Europe. The company has professional indemnity insurance cover, which would be adjudicated in the USA courts if there were any dispute. The UK office has clients who would not wish to go through the US courts, but would want to go through the UK courts if a dispute arose. Can disputes (if any) for UK clients be allowed to go through UK courts WITHOUT the need to set up separate indemnity insurance cover IN the UK (and thereby paying a separate premium)?All replies appreciated.

  • Re: Professional Indemnity insurance Cover between USA and UK

    From what you have said, it doesn't sound like you really have a problem. The insurance contract requires disputes between the company and the insurer to be litigated in the U.S., but says nothing about where disputes between the clients and the company are to be resolved. Thus, if a British client wants to sue the company in London, the insurance agreement will not prevent such a suit. If the defense of the suit is tendered to the insurer and it agrees the matter is covered, it will pay to defend the suit in London. However, if the company tenders defense of the suit to the insurer and the insurer denies coverage, the company could only sue the insurer here in the U.S.Of course, the insurance contract itself is the best source of answers to this question, but I would be VERY surprised if the contract purports to require suits between the company and its European clients to be litigated here in the United States.

    Edward Hoffman
    Law Offices of Edward A. Hoffman

  • Re: Professional Indemnity insurance Cover between USA and UK

    The term to which you refer relates to where disputes between insured and insurer are to be litigated. Another clause in the policy will specify the territorial coverage. This is what you should be concerned about. Depending on the type of policy, it should be possible to buy global coverage, but it may be cheaper to get separate policies.

    Daniel Press
    Chung & Press, P.C.

• Assignment, assumption and indemnity agreement

  I have a loan in my name as purchaser that an investment group (assignee) is taking over with an assigment, assumption and indemnity agreement. What is my liability if they default on the loan?

  • Re: Assignment, assumption and indemnity agreement

    You're toast, unless you can get the lender to release you from liability - which is unlikely.

    Cheryl Rivera Smith
    The Smith Law Firm

• Security Deposit vs. Indemnity Deposity

  When I moved into my townhouse, instead of calling the deposit a ''security deposit'', they called it an ''indemnity deposit''.Does the change in wording excuse them from following the legal guidelines for security deposits when we move.i.e. The return of the interest along with the deposit.

  • Re: Security Deposit vs. Indemnity Deposity

    No.

    Nicholas Chrisos
    Nicholas G. Chrisos Attorney at Law

• contribution and indemnity cross-complaint in defamation

  my defendants filed a cross-complaint against me for contribution and indemnity in a defamation, intent and negli interference with advantage, intent and negl emotion distress action. I can find no cases where a defendant has utilized a cross on this theory. Any suggestions?

  • Re: contribution and indemnity cross-complaint in defamation

    Typically indemnification and contribution are not causes of action that are seeking "affirmative relief", i.e., they cannot stand on their own unless someone else has also filed suit against these defendants (someone other than you, like another plaintiff or someone in another lawsuit).Some of the other causes of action would appear to seek affirmative relief, but it is difficult to tell.I would have to review the complaint/cross-complaint to have any real idea of what is going on in the case.You can call me at 805-494-6557 to discuss.JCD : )

    J. Caleb Donner
    Donner & Donner

• Indemnity Agreement on Estate Real Property Sale

  My wife is the executor of her aunt's estate in Virginia. She found a buyer for the house and am ready to sign the closing papers. One form she needs to sign is called an Indemnity agreement with the title insurance corporation which states that she ''agrees to indemnify said title company against all loss, cost, damage, charge, liability or expense ...'' by reason of ''subject said property to the payment of debts against said estate'', etc (it lists other possibilities). It was mentioned that she either had to wait one year before the money is deposited into the estate account (it will remain in escrow during that time) or she has to post bond in which case the money can be deposited in the estate account. What exactly is this indemnity agreement? Is this related to the bond she has to post or is this making her responsible if there are any problems in the future? It is a little confusing since the real estate lawyer seems too busy to return her calls.Thanks.

  • Re: Indemnity Agreement on Estate Real Property Sale

    that real estate attorney should answer your question. An indemnity agreement is an agreement to pay for losses, claims or damages.

    Joel Selik
    www.SelikLaw.com