A non-profit mutual indemnifier
is not burdened with having to secure a profit for shareholders, as there are no shareholders.
The new requirement is that private health care practitioners must sign up for cover using only insurers or indemnifiers
registered under Section 7 of the Short-term Insurance Act, something the MPS, which is not a short-term insurer, cannot do.
Obviously the plaintiffs stand a better chance of collecting from insurers, since the doctors have presumably lost their jobs and one is said to have left the country, but it also shifts the expense away from the culpable parties to their indemnifiers
, who will then pass on the cost to their other clients.
There, it could at least be argued that city managers relied on Monroe when obtaining indemnification insurance.(440) Neither prosecutors nor their indemnifiers
can claim such reliance, as Imbler never provided prosecutors total immunity and Buckley further eroded any assumption that prosecutors are untouchable.
The use of non-insurance transfers through indemnity agreements or hold harmless agreements is limited in an employment setting because of the absence of potential third-party indemnifiers
. Consequently, many risk managers are beginning to focus on insurance policies as a potential method to transfer the risk of employment practices liability losses.