101 South Hanley, Suite 1280 Clayton, MO 63105
314.283.8930

Contractual Indemnification — “Hold Harmless”

Indemnification is the legal term applied where one individual/entity is obligated to provide compensation, loss or reimbursement to another individual/entity. Indemnification is usually created by contract, but can exist at law in some circumstances.

Contractual indemnity is the most widespread. Under this situation, two parties make a formal indemnification  agreement. The reason this is so widespread because it is essentially what insurance companies do. In consideration for you paying them an insurance premium, they will cover you for losses/harm to your property or person (e.g., life insurance, car insurance, property & casualty insurance, disability insurance, title insurance, etc.). What happens if the indemnifying party does not honor its side of the agreement? Under Missouri law, to prove a breach of contract claim grounded in indemnity, there must be an (1) agreement between two parties, (2) consideration supporting the agreement, (3) one party securing/protecting the other against loss, and a (4) breach.

Contact us with questions.