Indemnity

“ An act of indemnity is a statute passed for the purpose either of relieving persons from disabilities and penalties to which they have rendered themselves liable or to make legal transactions which, when they took place, were illegal. An act or bill of indemnity used to be passed every session by the English parliament for the relief of those who had unwittingly neglected to qualify themselves in certain respects for the holding of offices, &c., as, for example, justices, without taking the necessary oaths. ”

“ The sum of $1,204,960, therein stipulated to be paid to the claimants of indemnity under the first article of the treaty of Ghent, has been duly received, and the commission instituted, conformably to the act of Congress of March 2d, 1827, for the distribution of the indemnity of the persons entitled to receive it are now in session and approaching the consummation of their labors. ”

“ Section 3 of the first Federal Employers' Liability Act [1] passed by Congress in 1906 provided that 'no contract of employment, insurance, relief benefit, or indemnity for injury or death entered into by or on behalf of any employee, nor the acceptance of any such insurance, relief benefit, or indemnity by the person entitled thereto, shall constitute any bar or defense to any action brought to recover damages for personal injuries to or death of such employee. ”

“ And that it is incumbent on the plaintiff, before he can recover anything more than nominal damages, to show by the evidence that there are persons in existence entitled to claim the indemnity given by the law, and that they have sustained a pecuniary loss justifying their claim. ”

“ To distribute the indemnity among the claimants for whose satisfaction the money was awarded and paid to us, we are bound by every consideration of good faith, of national honor, of national interest, and of sound policy. ”

“ The contract securing this indemnity is called a policy, from the Italian polizza d' assicurazione, or di sicurtà, which signifies a memorandum in writing, or bill of security. The sum paid for the indemnity is called a premium, or price; the party taking upon himself the risk being termed the underwriter, because his name is written at the bottom of the policy, while the person protected by the instrument is called the assured. ”

“ I know of no foundation for the right of the underwriters, except the well-known principle of law that where one person has agreed to indemnify another he will, on making good the indemnity, be entitled to succeed to all the ways and means by which the person indemnified might have protected himself against or reimbursed himself for the loss. ”

“ Compensation by the wrong-doer after payment by the insurers is not double compensation, for the plain reason that insurance is an indemnity; and it is clear that the wrong-doers are first liable, and that the insurers, if they pay first, are entitled to be subrogated to the rights of the insured against the insurers. ”

“ In short, the right to maintenance, cure and wages, implied in law as a contractual obligation arising out of the nature of the employment, is independent of the right to indemnity or compensatory damages for an injury caused by negligence ”

“ Every application for indemnity must be accompanied by a statement, signed by the Relieving Officer: that the person in reference to whom it is made is unable to support himself or herself; from what cause his or her inability proceeds ”

“ This right of the insurer is not contingent upon the loss having been total, or upon its having been followed by an abandonment, but rests upon the ground that his contract is in the nature of a contract of indemnity, and that he is therefore entitled, upon paying a sum for which others are primarily liable to the assured, to be proportionally subrogated to his right of action against them. ”

“ As to origin, purpose, and scope of the Employers' Liability Act and the nature, methods, and means of state Workmen's Compensation Laws: The facts are of common knowledge. Do they manifest that, by entering upon one section of the field of indemnity or relief for injuries or death suffered by employees engaged in interstate commerce, Congress purpose to occupy the whole field? ”

“ Now, let us suppose that he applies to and is insured in a stock company; he gets his policy for $1,000, and pays for it one per cent., $10. He is entitled to the same indemnity in case of a loss as he was in the mutual company; but when he pays his premium, he ceases to have any further interest in the successful operation of the company; he is the insured, but not the insurer; and whether the company make gains of suffer losses, matters not to him, provided the company continues solvent. ”

“ Let it be assumed, as this court has said, that the insurance business, generically considered, is not commerce; that the contract of insurance is a personal contract,-an indemnity against the happening of a contingent event. ”

“ Where the judgment or decree is for the recovery of money, not otherwise secured, the indemnity must be for the whole amount of the judgment or decree, including just damages for delay, and costs and interest on the appeal. ”

“ If the insured does obtain any sum in excess of indemnity, he is regarded as holding it in trust for his whole body of underwriters. It thus appears that in case of multiple insurance each underwriter is bound, as between himself and the other underwriters, to contribute to the loss rateably in proportion to the amount of his liability under the policy; and if any one pays more than his proper share, he is entitled to sue the rest for contribution. ”

“ The right of recovery rests in the one case upon the principle that he who without fault on his part is injured by another’s wrongful act is entitled to indemnity, and in the 289other upon the doctrine of contribution. ”

“ At the restoration the act of indemnity included him among the eighteen persons perpetually incapacitated from holding any office (29 Aug. 1660) , and he was also obliged to enter into a bond not to disturb the peace of the kingdom (29 Dec. 1660, Cal. State Papers, Dom. 1660–1, pp. 320, 426) . ”

“ But whenever the liability should accrue, and the city be obliged to advance money upon the default of the company to meet an instalment of interest, a debt would arise for which the city would require prompt payment, or the means of enforcing prompt payment. Eventual indemnity, by the slow process of judicial proceedings, would not meet the emergency. It was, therefore, natural and proper that, in addition to eventual indemnity, provision should be made in some other form for prompt protection.
Now, consider in this light the various provisions made in this seventh section. ”

“ In those branches of insurance where the contract is one of indemnity against loss, the risk remaining the same from year to year—and where the consent of both parties, insurer and insured, is required at each periodical renewal—no Surrender values. question of allowance in respect of past payments can arise when one party or the other determines to drop the contract. ”

“ XIV. Employers shall be liable for labor accidents and occupational diseases arising from work; therefore, employers shall pay the proper indemnity, according to whether death or merely temporary or permanent disability has ensued, in accordance with the provisions of law. This liability shall remain in force even though the employer contract for the work through an agent. ”

“ The contract is made with the individual, [pg 413] and unless each person pays enough to compensate the company for the indemnity or insurance furnished to him, it follows of necessity, that others will be overcharged in order to meet the deficiency so occasioned. And this evil is intensified each year as the company grows older. ”

“ The penalties for wounding or striking a person depend upon the severity of the injury; for each degree the Lord of Judgement hath prescribed a certain indemnity. # 56 While Bahá’u’lláh specified that the extent of the penalty depends upon "the severity of the injury", there is no record of His having set out the details of the size of the indemnity with regard to each degree of offence. The responsibility to determine these devolves upon the Universal House of Justice. ”

“ The obligation to pay the indemnity is incumbent on the Administration under which the despatching office belongs. This Administration has the right to make a reclamation on the responsible administration, that is to say, on the Administration within whose territory or in whose service the loss has occurred. ”

“ Standing thus, as the insurer does, practically in the position of a surety, stipulating that the goods shall not be lost or injured in consequence of the peril insured against, whenever he has indemnified the owner for the loss he is entitled to all the means of indemnity which the satisfied owner held against the party primarily liable. ”

“ The general doctrine, that a creditor has a right to claim the benefit of a security given by his debtor to a surety for the latter's indemnity, and which may be used if necessary for the payment of the debt, is not questioned. ”

“ All that is required in a case where the writ of error is not a supersedeas is that the bond shall be in an amount sufficient to answer the costs in case the judgment or decree is affirmed. Nothing appears in the record to show that the indemnity given is insufficient, and inasmuch as nothing appears to the contrary the court is of the opinion that it must be presumed that the amount is sufficient. ”

“ In Great Britain, it has become quite general for employers to seek release from personal liability, or from costs for damages or partial indemnity, by either subscribing to the several employés' liability insurance companies or by wide-spread attempts to evade their responsibilities under the law by inducing the workmen to contract themselves out of the act. ”

“ For the purpose of the opinion it may be conceded that the plaintiffs would be entitled to resort to this land if it were necessary to fill the required indemnity. But it will not be denied that if the indemnity has been filled, the interest in the land which the plaintiffs may have had prior thereto would be extinguished. ”

“ The withdrawal in any case would only extend along the route which was fixed, and a map of which was filed in the department. As to the objection that no evidence was produced of any selection by the secretary of the interior from the indemnity lands to make up for the deficiencies found in the lands within the place limits, it is sufficient to observe that all the lands within the indemnity limits only made up in part for these deficiencies. ”

“ The history of the German experience with the French indemnity suggests the question whether in every case an enormous discount on the nominal value of a large money indemnity must not be allowed owing to the practical financial difficulties of its payment and receipt, difficulties unavoidable in any circumstances which we need consider. ”

“ The insured, in the case of partial loss of cargo whose sound value is less than the agreed, may recover more than his actual loss, since in computing the indemnity the cargo must be taken at the agreed value. ”

“ It is easy to see, if the obligors are at liberty, when litigation arises and loss is likely to fall upon them, to set up a condition, unknown to the person whose duty it was to take the bond, and which is unjust in its result, that the difficulties of procuring satisfactory indemnity from those who are required by law to give it, will be greatly increased. ”

“ Where an insured without the agreement of the insurer undertakes to substitute a new obligation under a new agreement with a third party in lieu of those arising from a breach of the officer whose fidelity is insured, thus substituting a new and different liability from any undertaken in the instrument of suretyship, and depriving the insurer of the right of subrogation, such conduct operates to discharge the obligation of the indemnity contract. ”

“ The members of the House of the Communes receive an indemnity evaluated at Two hundred gourdes per month during their session and One gourde per league which they will have made in order to reach the seat of Government, which indemnity is charged to their respective Commune, after the mode which will be established by law. ”

“ The most that can be said is that whether the guaranty of a bonding or indemnity company operating under state law and subject to state regulation, is of greater worth than that of personal sureties, is a question about which opinions reasonably may differ. ”

“ Upon both reason and authority, we think the onus probandi was upon the plaintiffs.
It was for them to make out their case. The premium had been paid, the loss had occurred, and the indemnity money had been received by the agents of the assured and paid over to their principals. ”

“ By the terms of this new law, enacted in 1897 and extended 1907 to certain trade diseases, the employer is required to pay indemnity to any employé who is injured in health or limb by accident or any cause due to the trade, and in case of death his dependent family is paid a certain sum for support. ”

“ The Secretary-General shall submit to the second part of the first session of the General Assembly proposals for permanent schemes for injury compensation and compassionate benefits.
(b) Pending the adoption of a permanent scheme, the Secretary-General is authorized to indemnify a member of the staff who is injured as the result of an accident incurred in the course of his duties or to pay an indemnity to the staff member's estate should he die in such circumstances. ”

“ That a stipulation in a building contract for the retention, until the completion of the work, of a certain portion of the consideration, is as much for the indemnity of him who may be guarantor of the performance of the work, as for him for whom the work is to be performed, that it raises an equity in the surety in the fund to be created, and that a disregard of such stipulation by the voluntary act of the creditor operates to release the sureties, is amply sustained by authority. ”