What is the name of your state? PA
I’m was about to sign up for a security system when I read the following in the contract: "Subscriber does hereby for himself and any parties claiming under him, release and discharge Company from and against all hazards covered by Subscriber’s insurance, it being expressly understood and agreed the Subscriber shall hold harmless and indemnify Company against any claim for subrogation by Subscriber’s insurance."
Similarly is a clause that "Subscriber agrees to and shall indemnify and save harmless the Company and others for and against all third party claims…".
It would appear to me that, if I agree:
· my insurance could deny claims based on my pre-loss signing away their subrogation rights for potential recover against Company (ex gross negligence);
· I would be responsible for paying the Company any judgments awarded for claims prosecuted by the insurance company or any other party;
· I would be responsible for Company’s expenses (lawyers, etc) in defending the claims.
· In effect by indemnifying Company, I become the Company’s insurer for any losses sustained defending and satisfying claims by third parties over whom I have absolutely no control. I cannot stop third parties from filing suit against the Company.
Would appreciate any constructive comments. Am I over-reacting or mis-interpreting the situation?What is the name of your state?
I’m was about to sign up for a security system when I read the following in the contract: "Subscriber does hereby for himself and any parties claiming under him, release and discharge Company from and against all hazards covered by Subscriber’s insurance, it being expressly understood and agreed the Subscriber shall hold harmless and indemnify Company against any claim for subrogation by Subscriber’s insurance."
Similarly is a clause that "Subscriber agrees to and shall indemnify and save harmless the Company and others for and against all third party claims…".
It would appear to me that, if I agree:
· my insurance could deny claims based on my pre-loss signing away their subrogation rights for potential recover against Company (ex gross negligence);
· I would be responsible for paying the Company any judgments awarded for claims prosecuted by the insurance company or any other party;
· I would be responsible for Company’s expenses (lawyers, etc) in defending the claims.
· In effect by indemnifying Company, I become the Company’s insurer for any losses sustained defending and satisfying claims by third parties over whom I have absolutely no control. I cannot stop third parties from filing suit against the Company.
Would appreciate any constructive comments. Am I over-reacting or mis-interpreting the situation?What is the name of your state?