Contract reviews: Insuring the terms your insured signsEvent Type: Public Workshops
Learn the essential skills you need to identify, assess and align the terms of an insured's commercial agreement with the policies taken out to respond.
In this hands-on workshop, we lead you through an intensive contract "review in the room". Using a hypothetical agreement, you will analyse, discuss and apply critical risk and insurance considerations common to modern commercial dealings and the insurance policies to support them.
Principal facilitator, Megan O'Rourke, will guide you through the legal and insurance minefield that accompanies risk transfer and insurance terms, providing you with practical guidance on what to look for, where to find it, why it's important and the consequences of getting it wrong.
Using an integrated case study, (contract and policy wordings provided as pre-workshop reading), you will conduct a ‘review in the room’ to identify and discuss the consequences of key risk-transfer and insurance terms. The workshop will include analysis and discussion on:
The importance of aligning commercial and insurance contracts
- The interplay between commercial and insurance contracts.
- How insurance is impacted by commercial contract terms.
- The do’s and don’ts of “contract reviews”.
- A recent example of the insurance & financial consequences when a party gets their terms wrong.
The question of indemnity
- Contractual indemnities/hold harmless clauses examined and explained.
- The three categories of indemnity – which do you want?
- How the courts interpret them – recent cases explained.
- Three key principles to effectively interpret and draft these terms to align with your insurance.
- The importance of connecting words and phrases.
- Joint insureds; interested parties; “named insured” and principal’s cover – what’s the difference?
- The impact of cross-liability and waiver of subrogation terms.
- What is ‘primary’ insurance and how can you benefit?
- Sections 45 and 48 Insurance Contracts Act.
- Policy limit and excess stipulations: beware the detail.
- Proof of insurance: what do you need?
- What the proportionate liability legislation does and do you need it?
- How it operates.
- Can its application be excluded (contractually or otherwise)?
- Terms to look for and why missing them can result in serious insurance consequences.
Cyber and other insurance-related terms
- Would your insurance policy meet these obligations?
- Should an insurer change its standard policy terms?
- How and which terms to look for?
WHAT YOU'LL LEARN
By attending this workshop, you will gain greater insights and understanding of:
- The top five insurance issues to look for when reviewing commercial and insurance contracts.
- What contractual indemnity terms transfer risk and how this is achieved.
- Whether there is a difference between being noted as an ‘interested party’, a principal or an ‘additional insured’?
- Waivers of subrogation, cross-liability terms and “primary insurance”.
- What proof of insurance from others should be insisted upon and why.
- Hidden contractual terms that can lead to uninsured risks.
- Practical tips to help you negotiate better insurance outcomes before the inevitable claim occurs.
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