Commentary

52.1 Nature of ‘insurance’ clauses

BOILERPLATE AND COMMERCIAL CLAUSES vol 4(3)
| Commentary

52.1 Nature of ‘insurance’ clauses

| Commentary

52: INSURANCE

(For insurance clauses see Form 52.1 [1901] onwards.)

52.1 Nature of ‘insurance’ clauses

Contracts sometimes include:

  1. (a)

        warranties as to the level and scope of insurance cover held by a contracting party; and/or

  2. (b)

        obligations on a party to insure against specified risks and/or to arrange for the addition of the other party as a ‘named party’ under the first party’s insurance policy.

Parties to commercial contracts sometimes do not understand that an obligation on a party to insure against a risk is a statement that the insuring party is liable for any losses associated with that

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