Another Benefit of Indemnification?

This post includes a list of ways in which indemnification can benefit a party bringing a claim. Here, in a spirit of completeness, is another one, suggested by a reader:

Ensure Losses Aren’t Covered by a Provision Excluding Certain Types of Damages. Asking to be indemnified for losses incurred due to nonparty claims constitutes a claim under the contract. That would make it difficult for the indemnifying party to argue that those losses constitute consequential damages or some other kind of damages falling within the scope of a provision excluding certain types of damages.

About the author

Ken Adams is the leading authority on how to say clearly whatever you want to say in a contract. He’s author of A Manual of Style for Contract Drafting, and he offers online and in-person training around the world. He’s also chief content officer of LegalSifter, Inc., a company that combines artificial intelligence and expertise to assist with review of contracts.