Indemnities

Other Terms and Conditions. The Hcense agreement should always have a specified term and include provisions for termination. Other standard provisions can be included to address such issues as reporting, infringement, indemnity/warranties, governing law, assignment, or notices. 

If the modification deemed necessary is extensive or fundamental (e.g., relating to such matters as insurance or indemnity obligations), the prior approval of the appropriate person or department (i.e., vice president of purchasing or corporate counsel) will be required. 

Until 1974, an architect was considered in law to be a quasi-arbitrator, and his valuation was final. However, the case of Sutclijfe v. Thackrah (1974) saw an end to this role. In that case, the architect overvalued the work that had been carried out, and because the client ordered the contractor off the job, he suffered loss, because of which he successfully sued the architects for damages. Architects and engineers suddenly had a greater interest in professional indemnity insurance. 

When the cause of the incident has been established and the costs of rectification finalized, these will be compared with the insurance cover provided by the policy and the extent of the insurer s liability, if any, determined. The policy will normally be one of indemnity, i.e. returning the insured to the same position after an accident as he was before. This may be achieved by repairing or replacing what is damaged or by paying the amount of the damage. It may be necessary to carry out modifications to prevent a recurrence of the accident or desirable to up-rate the specification for better performance or the life of the machine may have been extended by the repairs carried out. In this case a degree of betterment is involved which will be reflected in the settlement by a contribution by the insured to the cost of repairs. 

Business interruption policies (also known as loss of profits or consequential loss) are designed to cover the trading loss due to the occurrence of the fire or other insured peril. This loss is normally identified either by a reduction in turnover as a result of the disruption caused to the business or by increased costs incurred to minimize the loss of turnover, or indeed a combination of the two. The cover under the policy does not last for an indefinite period after the loss but is restricted to a time scale expressed in the policy as the maximum indemnity period. This time limit is chosen by the management of the business, and is the time they think that they would need to recover the trading position of the company following the incident. With fire insurance, there is a limit to the amount payable, which is the insured sum chosen by the management of the business. 

Cover normally applies to employees in the UK, Northern Ireland, the Isle of Man and the Channel Islands or while persons normally resident in those territories are temporarily engaged in the business outside of these territories. Indemnity is unlimited in amount. 

Indemnity against legal liability to third parties against damages awarded for ... 

Indemnity is awarded in respect of injury to third parties and damage to property arising out of or in connection with the exercise of professional engineering skill. The following are excluded ... 

Worldwide indemnity is normally provided for injury or damage resulting from ... 

The limit of indemnity is selected at the time of insurance or renewal thereof by the management of the insured. It applies to any claim or number of claims arising out of any one cause, and is unlimited in total in the period of insurance. 

It should be noted that very few standard product liability policies provide cover for liability for the costs of repairing or replacing defective products or those, which fail to perform as intended, nor for the costs of any necessary product recall. The insurer s liability in any one period of insurance for injury or damage caused by products during that period shall not exceed the selected limit of indemnity. 

Provision for indemnity or compensation in the event of injury or death attributable to the clinical trial... 

Any insurance or indemnity to cover the liability of fhe sponsor or investigator... 

To better understand managed care and the reasons for its growth, it is useful to discuss the evolution of payment mechanisms for health care from no insurance, to traditional indemnity insurance, to managed care. In the no-insurance model, the patient selects a health care provider and then pays the provider directly for health care goods and services. The choice of health care provider and the type and number of services provided are limited only by the financial constraints of the patient. The problem with this model is that the patient is exposed to potentially catastrophic health care expenses. Health insurance was developed as a way to protect patients against this risk. Health insurance often is provided through the employer and prior to the mid-1980s was likely to be indemnity fee-for-service insurance. In this traditional insurance... 

The indemnity fee-for-service model protects the patient from catastrophic medical expenses but has its own set of potential problems. There is little incentive for either the provider or the patient to control costs. The patient pays less than the full cost of care, creating an incentive to use more care. The provider is paid on a fee-for-service basis and thus can generate more income by providing more services. The health care... 

In the early 1960s, drug companies began to lobby for government indemnity for the vaccines they developed, tested, and produced. Because so many people are vaccinated at one time, particularly school-age children, ADRs from a vaccine can carry considerable liability. As more diseases have become vaccine-preventable, more ADRs have been reported. In 1974, impetus for indemnity increased when the courts upheld a jury verdict of 200,000 for a child who developed polio from the Sabin live-polio vaccine. ... 

The PIAA conducted a medication-error study in 1993 ° and another in 1999 to analyze high-frequency and severe malpractice claims. The data collected included loss description and causation information, expense and indemnity payments, and the demographics of policyholders, claimants, and institutions. The PIAA companies insured almost 87,000 physicians in the United States, ranging from the smallest to the largest physician-owned malpractice insurers. 

The PIAA found in both 1993 and 1999 that prescriptions were the second-most frequent and second-most expensive item in the claims reported. As of June 30,1992, there were 6646 claims involving medicine prescriptions. Payments were made in 2195 of these claims, resulting in a total indemnity payment of 218.9 million, an average indemnity payment of 99,721, and a median indemnity payment of 35,000. In the 1999... 

Ethical evaluation of a study automatically involves consideration being given to the provision made for the pa)nnent of compensation (if any), and the basis upon which it may be payable to a subject injured by participation in proposed research. The Directive makes it a prerequisite of conducting a trial that provision for insurance or indemnity has been... 

Indemnity to be provided by the sponsor for any liability costs and expenses of the investigator arising out of personal injury claims, subject to conditions (see below). 

Indemnity by the CRO or investigator in favour of the sponsor in respect of negligence, malpractice or breach of contract by the CRO or investigator. 

In order to promote a uniform approach to offering compensation to subjects and indemnity to investigators and institutions conducting clinical trials, Medicines Australia has published a Form of Indemnity for Clinical Trials and Guidelines for Compensation for Injury Resulting from Participation in a Company-Sponsored Chnical Trial. These documents are based on those published by the Association of the British Pharmaceutical Industry and are available from www.medicinesaustralia.com.au (the Medicines Australia website). 

NHS Trust by a Clinical Trial Subject, the Sponsor shall indemnify the NHS Trust, its servants, agents and employees in accordance with the terms of the indemnity set out at Appendix 4 hereto. 

For the purpose of the indemnity provided in clause 5.2 above, the expression agents shall include, but shall not be limited to, any person providing services to the NHS Trust under a contract for services or otherwise. 

The above indemnity by the Sponsor shall not apply to any such claim or proceeding ... 

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