January 01, 2014

Tips for Drafting Effective Contractual Insurance Clauses

Chris Cox

Contractual insurance clauses are valuable risk transfer tools that, if properly drafted, require the other party’s insurer to pay for liabilities arising out of that party’s performance under the contract. Leases, construction contracts, license agreements, and nearly every other type of contract contain some insurance requirement. I review hundreds of contracts each year and consistently find poorly drafted, ineffective insurance provisions. The following are common mistakes and how to avoid them.

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