Insurance Indemnification Agreement Template for Netherlands

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Key Requirements PROMPT example:

Insurance Indemnification Agreement

"I need an Insurance Indemnification Agreement under Dutch law for a construction project between our general contractor company and a subcontractor, with specific focus on workplace safety risks and professional liability coverage to be effective from March 2025."

Document background
An Insurance Indemnification Agreement is essential when parties need to establish clear risk allocation and insurance coverage requirements in their business relationship. This document, governed by Dutch law, is commonly used in commercial transactions where one party seeks protection against potential losses while ensuring adequate insurance coverage is maintained by the indemnifying party. The agreement details specific insurance requirements, coverage limits, claim procedures, and compliance with Dutch insurance regulations. It's particularly crucial in high-value or high-risk transactions where clear risk allocation is essential. The document incorporates requirements from Dutch insurance law, including the Financial Supervision Act and Civil Code provisions, while ensuring compliance with EU insurance directives. It serves as a comprehensive framework for managing risk transfer, insurance obligations, and claims processes between the contracting parties.
Suggested Sections

1. Parties: Identification of the indemnitor and indemnitee, including full legal names and addresses

2. Background: Context of the agreement, relationship between parties, and purpose of the indemnification arrangement

3. Definitions: Detailed definitions of key terms used throughout the agreement, including 'Indemnified Parties', 'Losses', 'Claims', and 'Insurance Coverage'

4. Scope of Indemnification: Detailed description of what losses, damages, and claims are covered under the indemnification

5. Insurance Requirements: Specific insurance coverage requirements, including types of insurance, minimum coverage amounts, and rating requirements for insurers

6. Claims Procedure: Process for making claims under the agreement, including notification requirements and timeframes

7. Duration and Termination: Term of the agreement and circumstances under which it can be terminated

8. Exclusions and Limitations: Specific exclusions from coverage and limitations on liability

9. Insurance Evidence and Compliance: Requirements for providing evidence of insurance coverage and maintaining compliance

10. Governing Law and Jurisdiction: Specification of Dutch law as governing law and jurisdiction for dispute resolution

11. General Provisions: Standard contractual provisions including notices, amendments, and severability

Optional Sections

1. Subrogation Rights: Details of insurer's rights to pursue third parties, used when subrogation rights need specific handling

2. Cross-Indemnification: Mutual indemnification provisions, used when both parties have reciprocal obligations

3. Special Risk Provisions: Specific provisions for unusual or high-risk activities, included when the agreement covers special circumstances

4. Insurance Broker Provisions: Specific provisions regarding the role of insurance brokers, included when brokers are involved in the arrangement

5. Currency and Exchange Rates: Provisions for handling multiple currencies, used in international arrangements

6. Force Majeure: Provisions for handling unforeseen circumstances, included when specific risk allocation for such events is needed

Suggested Schedules

1. Schedule A - Insurance Coverage Requirements: Detailed specifications of required insurance policies, coverage limits, and deductibles

2. Schedule B - Claim Form Template: Standard form for submitting claims under the agreement

3. Schedule C - Notice Requirements: Detailed procedures and contact information for notices and claims

4. Schedule D - Excluded Risks: Specific listing of risks and circumstances excluded from coverage

5. Appendix 1 - Certificate of Insurance: Template or example of required insurance certificate format

6. Appendix 2 - Risk Assessment Report: Initial risk assessment forming basis of insurance requirements

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Clauses
Relevant Industries

Construction and Engineering

Manufacturing

Financial Services

Healthcare

Energy and Utilities

Transportation and Logistics

Technology and Software

Professional Services

Real Estate

Maritime and Shipping

Aviation

Pharmaceuticals

Mining and Resources

Retail and Consumer Goods

Relevant Teams

Legal

Risk Management

Insurance

Compliance

Finance

Operations

Treasury

Commercial

Claims

Corporate Governance

Procurement

Relevant Roles

Legal Counsel

Risk Manager

Insurance Manager

Compliance Officer

Chief Financial Officer

Contract Manager

General Counsel

Claims Manager

Corporate Secretary

Business Development Director

Operations Director

Project Manager

Treasury Manager

Financial Controller

Commercial Director

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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