Hold harmless provisions frequently appear alongside indemnity obligations. Some courts treat them as synonymous while others distinguish hold harmless as protection from claims and indemnity as reimbursement for losses paid.
Anti-indemnity statutes may restrict both.
Alternative Names:
Hold Harmless Clause|Hold Harmless Provision
Why it Matters?
The distinction between hold harmless and indemnity matters where a statute restricts one and not the other, and jurisdictions treating them separately may permit a hold harmless obligation that the anti-indemnity statute would void as indemnity. Drafting both alongside a defense obligation and additional insured coverage provides layered protection where any single mechanism fails.
Frequently Confused with
Related terms
Frequently asked questions
Are hold harmless and indemnity the same?
Why draft both?
