Specify the types and limits of insurance appropriate to the risk profile of a given contract.
Law & Contract Management
Insurance Clauses, Waivers of Subrogation and Additional Insured Requirements in Contracts
Draft and verify insurance clauses that actually respond when a claim arises, covering additional insured status, waivers of subrogation and certificate evidence.
🗓️Duration5 training days
📚Content4 modules · 8 sessions
🎓On completionAccredited attendance certificate
About the programme
Course Overview
An insurance clause that reads well in a contract can still fail completely when a claim is made, because the underlying policy was never endorsed to match the contractual promise. This course focuses on the gap between what an insurance requirement clause says and what an actual policy delivers, and teaches participants to close it before signature rather than after a loss. Sessions cover how to specify commercial general liability, professional indemnity, cyber and property cover appropriate to the risk of the transaction, how additional insured endorsements actually work compared with a bare contractual promise to add a party, and why a waiver of subrogation must be requested from the insurer rather than assumed from contract wording alone. Participants learn to read a certificate of insurance critically, request the underlying policy schedule where the certificate is inadequate, and understand primary and non-contributory language that determines whose insurer pays first when two policies respond to the same loss. The course also addresses how insurance requirements interact with indemnity clauses and liability caps, since insurance is often the only realistic source of recovery when an indemnity exceeds a party's balance sheet. Delegates finish able to negotiate, verify and enforce insurance clauses that hold up when tested by a real claim.
Expected Learning Outcomes
Draft additional insured wording that is capable of being endorsed onto the counterparty's actual policy.
Distinguish a contractual promise to add a party as insured from an effective additional insured endorsement.
Draft a waiver of subrogation clause and confirm it is supported by the underlying insurance policy.
Interpret primary and non-contributory language to determine the order in which policies respond to a loss.
Review a certificate of insurance critically and identify when the underlying policy schedule must be requested.
Coordinate insurance requirements with indemnity clauses and liability caps to ensure real recovery is available.
Who Should Attend
In-house counsel drafting or reviewing insurance requirement clauses in commercial contracts
Contract and procurement managers responsible for verifying supplier and contractor insurance
Risk managers coordinating contractual risk transfer with the organisation's insurance programme
Construction and project managers overseeing contractor and subcontractor insurance compliance
Insurance brokers advising clients on additional insured and waiver of subrogation requests
Finance and compliance staff auditing certificates of insurance before contract execution
Course Modules
Select any module to see its sessions and points.
01Designing Insurance Requirements That Match the Risk
2 sessions · 8 points
Session 1Selecting Cover Types and Limits for the Transaction
- Match commercial general liability, professional indemnity, cyber and property cover to the specific contract risk.
- Set limits of liability and deductible thresholds appropriate to the size and exposure of the engagement.
- Determine whether occurrence-based or claims-made policy structures suit the duration of the obligation.
- Identify gaps in standard policy wording that leave contract-specific exposures uninsured.
Session 2Insurance and Indemnity: How the Two Interact
- Explain why an indemnity is only as strong as the insurance or balance sheet standing behind it.
- Align insurance limits with indemnity caps so recovery is realistically available if a claim is triggered.
- Identify indemnities that fall outside standard policy exclusions and require separate cover or endorsement.
- Draft clauses that specify insurance as a condition precedent to, not a substitute for, the indemnity.
02Additional Insured Status: Promise Versus Practice
2 sessions · 8 points
Session 1How Additional Insured Endorsements Actually Work
- Distinguish a contractual promise to name a party as additional insured from a valid policy endorsement.
- Draft additional insured wording using recognised endorsement forms rather than generic contract language.
- Identify the scope limitations that typically apply to additional insured status, including ongoing versus completed operations.
- Confirm additional insured coverage extends to the specific project or work described in the contract.
Session 2Verifying Coverage Through Certificates and Policy Schedules
- Read a certificate of insurance to identify what it does and does not evidence about actual coverage.
- Request the underlying policy schedule or endorsement page when a certificate is ambiguous or generic.
- Set contractual timelines for providing updated certificates on renewal or policy change.
- Build a supplier insurance compliance tracker that flags lapses before work begins or continues.
03Waivers of Subrogation and Loss Allocation
2 sessions · 8 points
Session 1Drafting an Effective Waiver of Subrogation
- Explain how subrogation allows an insurer to pursue a third party after paying its own insured's claim.
- Draft a waiver of subrogation clause and confirm the requesting party's insurer will endorse it.
- Identify contract types, such as construction and property leases, where mutual waivers are standard practice.
- Address the risk that a waiver may be unenforceable if not reflected in the actual policy wording.
Session 2Primary, Non-Contributory and Order-of-Payment Clauses
- Draft primary and non-contributory language to fix which party's insurer responds first to a shared loss.
- Anticipate disputes between insurers over contribution when both policies could respond to the same claim.
- Coordinate waiver of subrogation and primary insurance clauses so they do not undermine each other.
- Advise on how these clauses affect premium cost and insurer willingness to accept the risk transfer.
04Enforcing and Governing Insurance Compliance
2 sessions · 8 points
Session 1Responding When a Claim Reveals a Coverage Gap
- Investigate promptly when a claim reveals that required endorsements were never obtained.
- Pursue remedies against a counterparty that failed to maintain the insurance required by the contract.
- Coordinate with brokers and insurers to determine whether late endorsement or retroactive cover is possible.
- Document lessons learned to strengthen insurance verification procedures for future contracts.
Session 2Building an Insurance Compliance Governance Framework
- Establish a standard insurance requirements schedule for use across the organisation's contract templates.
- Assign ownership for tracking certificate expiry dates and requesting renewed evidence of cover.
- Escalate persistent non-compliance to procurement, legal and risk management for contract enforcement.
- Periodically benchmark insurance requirements against market practice and emerging risk categories.
What the participant receives
4 course modules
A structured syllabus
8 training sessions
across 5 days
32 detailed points
Applied, detailed content
Accredited attendance certificate
On completing the programme
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