Insurance clauses in commercial agreements—guidance notes
Produced in partnership with Frank Thompson and Tomás Mac Gearailt of Eversheds LLP

The following Insurance & Reinsurance practice note produced in partnership with Frank Thompson and Tomás Mac Gearailt of Eversheds LLP provides comprehensive and up to date legal information covering:

  • Insurance clauses in commercial agreements—guidance notes
  • Introduction
  • Relevant types of insurance policy—summary
  • Key elements of insurance clauses/covenants
  • Utility of precedent clauses
  • Is there a clear obligation as to which party is to insure?
  • Against which risks and in respect of which amounts?
  • Maintaining insurance coverage for the prescribed period
  • Obtaining the benefit of the policy
  • Other considerations
  • More...

Insurance clauses in commercial agreements—guidance notes

Introduction

One of the purposes of a commercial contract is to allocate risk and liability through, for example, the provision of indemnities. In this context, one party may choose or be required to cover the liability allocated to it through a covenant to purchase or maintain certain insurance policies. Insurance also protects the party to whom the liability is owed so that if the party accepting the liability is unable to discharge its liability, the insurance should step in and pay subject to the terms and conditions of the relevant policies.

A crucial element of any insurance policy is the scope of risks which it covers. There will always be restrictions on the scope of coverage, including limit(s) to the sum insured, a defined period of insurance and various conditions which regulate the cover. There will also be procedures to follow in the event of a claim. See Practice Note: Liability insurance—notification of claims and circumstances and defence of claims

These guidance notes are designed to provide an overview of:

  1. the main types of insurance which are relevant in the context of commercial contracts

  2. common limitations and other matters that can be relevant in understanding the scope of coverage provided by such insurance policies

  3. practical considerations in negotiating insurance clauses in commercial agreements and in achieving effective risk transfer to

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