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How to read the insurance clause in a contract

Send us the paragraph rather than a summary of it. Here is what we are reading for when it arrives.

A hand signing the last page of a printed agreement with a fountain pen

The most common reason a business in Lee or Collier calls us is a contract clause it cannot satisfy, or cannot tell whether it satisfies. The paragraph is usually short, dense, and written by somebody protecting the other party. It is also entirely readable once you know what the phrases mean.

Limits, and per what

A required limit is meaningless without the basis it applies to. Per occurrence and in the aggregate are different numbers doing different jobs, and a policy that satisfies one can fall short of the other. Read whether the clause asks for both, and whether the aggregate is required to apply per project rather than across everything you do in a year.

Watch for lines of coverage listed almost in passing: commercial auto, employer’s liability sitting behind workers’ compensation, umbrella or excess limits stated as a total rather than as a separate policy. Each is a real requirement even when it occupies four words.

The four phrases that decide the work

Additional insured means the other party wants cover under your policy, and it is granted by endorsement rather than by writing their name on a certificate. Primary and non-contributory means your policy pays first and theirs does not chip in. Waiver of subrogation means your carrier gives up the right to pursue them afterwards. Notice of cancellation means somebody has to be told if the policy lapses.

All four are things a carrier either will or will not do, and the answer differs by carrier and by the kind of work. Finding out at the quoting stage is a conversation. Finding out after you have signed is a problem, and occasionally a job you cannot start.

Why a summary will not do

Nobody summarising a clause summarises the part they did not notice, and the part they did not notice is usually the part that costs money. Send the paragraph as it is written. We will tell you whether the policy you hold already satisfies it, what has to change, and whether what is being asked for is something any carrier will actually agree to.

Commercial lines are written from our Fort Myers home office. Send the clause and we will read it the same week.

Speak with someone who will still be here at renewal.

(239) 544-0950

9:00 am – 5:00 pm, Monday to Friday