Life Indemnification Clauses

A life indemnification clause is a contract provision that is meant to protect the indemnified party against any liabilities that result from its negligence. Typically, a life insurance policy will provide a certain amount of indemnification, but the clause may be limited in certain circumstances. Here, we will discuss some of these circumstances.


Defendants assert six counterclaims against the plaintiffs

A counterclaim is a separate claim that the defendant asserts in response to a plaintiff’s original claim. A defendant may assert as many counterclaims as there are parties in a lawsuit. The burden of proof is on the defendant to establish a counterclaim.


There are three basic categories of counterclaims: permissive, mandatory, and compulsory. Compulsory counterclaims are necessary in a lawsuit if the claims arise out of the same transaction or occurrence. Permissive counterclaims are not compulsory but are intended to allow parties to resolve different disputes in one lawsuit.


Defendants’ liability release is less restrictive than those utilized in Crawford and UDC

The plaintiff in Stevens v. UDC claims that the defendants’ liability release is too broad. While they contend that the agreement does not expressly release liability for an injury incurred while riding in a specified vehicle, they concede that this clause is not as broad as the release language found in Crawford and UDC.


Despite these cases, some jurisdictions have upheld liability releases for motorcycle racing and automobile racing. Defendants’ liability release must be less strict, as this language does not mention the wrecker, owner, or driver. While the trial court must apply strict statutory construction to such contracts, the language in Crawford and UDC may still be construed broadly.


Double indemnity clauses are more restrictive than those utilized in Crawford and UDC

A double indemnity clause is a common provision in life and accident insurance policies. They provides a range of benefits for grieving families. It is important for families to understand the clause in order to maximize benefits. Also it is important for insurance carriers to understand the clause and properly handle it. If the clause is not handled properly, it can lead to the denial of a double indemnity claim.


Because insurance carriers are for-profit businesses, they will typically limit the amount of settlement they will pay. However, they may have exceptions for specific cases. For instance, they can limit the amount of money they pay to a claimant who committed suicide.

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