November 9, 2011

Contractual Risk Transfer Recommendations

CONTRACTUAL RISK TRANSFER RECOMMENDATIONS The following checklist suggests some approaches for minimizing friction between contracting parties (or the possibility of unknown breaches of contract requirements) while still securing realistic protection for risk transferors. • Update your insurance requirements to reflect modern insurance terminology. If your contract still requires “comprehensive” general liability insurance with a broad form property damage endorsement, it was written in the dark ages. • Construct your additional insured requirement to deal with the other insurance issue in a manner that works with the standard industry approach instead of requiring special language that achieves nothing more but is very difficult to obtain. • Don’t require a waiver of subrogation endorsement on the transferee’s general liability policy. Include a waiver of subrogation in the contract if you wish (though it is probably unnecessary if you are an additional insured), but don’t require an endorsement to the policy. • Evaluate whether you really need a workers compensation waiver of subrogation. […]