52.2 The view of the insurers

Although concerns are expressed about whether an insurance policy is in place, and the extent and level of coverage, another aspect which is often overlooked is whether the wording of any insurance clause is acceptable to the insurers. Often the person negotiating an agreement may be unaware of the terms of the policy or may have never seen it.

Insurers often have concerns about:

  1. (a)

        whether the agreement being entered into is of the type envisaged by the insurance policy;

  2. (b)

        which country’s law applies to an agreement1;

  3. (c)

        the extent

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