Any contracting party needs this IRMI best-seller within
arm's reach.
Contractual Risk Transfer is a one-of-a-kind resource to help you
draft rock solid risk transfer and insurance clauses for construction
contracts, leases, purchase orders, rental agreements, oil and gas drilling
and production contracts, and many other contractual agreements.
It empowers contract drafters with model clauses using up-to-date
insurance terminology rather than the ambiguous and archaic language so often
seen in agreements copied from work done many years ago. Discussions and
summaries of state statutes affecting contractual indemnity help you ensure
that hold harmless clauses will be enforceable.
Contractual Risk Transfer also provides detailed discussions and
advice with respect to using or requiring an additional insured endorsement,
waiver of subrogation, contractual liability coverage, cross-liability
coverage provision, mortgagee or loss payee clause, owners and contractors
protective liability insurance, and other types of insurance to cover
contractually assumed risks.
Contractual Risk Transfer covers these topics.
- Contractual Risk Transfer as a Risk Management Technique
- Basics of Contract Law
- Employee Leasing Exposure
- Overview of Contractual Risk Transfer Strategies
- Types of Indemnity Provisions
- Waivers of Subrogation
- Limitation of Liability Clauses
- Contractual Liability Insurance
- Additional Insured Status
- Nonstandard Additional Insured Endorsements
- Protective Liability Insurance
- Model Insurance Requirements
- Insurance Certifications
- Certificate Administration
- Construction Contracts
- Real Estate Contracts
- Personal Property Contracts
- Energy Industry Contracts
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Table of Contents
Agents, Brokers, and Account Support Staff
- Contractual Risk Transfer will equip you to confidently
provide significant value-added risk management services for your
clients.
- Use the authoritative analyses as third-party support of your
suggested compromises to clients’ business partners who are trying to
impose unrealistic insurance or indemnity requirements on your
clients.
- Increase your value-added service by offering your clients practical
advice for drafting contract insurance requirements that will ensure
necessary coverages are in place, while avoiding requests for unneeded or
unobtainable coverages.
- Gain specialized industry knowledge about specific industry
contracts, particularly standard construction agreements, which empowers
you to make meaningful suggestions for contract modifications.
- Use the discussions to document common industry practices for your
underwriters when you meet resistance obtaining insurance policy
modifications required of your clients.
Risk Managers, Financial Executives, & Insurance
Buyers
- Detailed checklists cross-indexed to the discussions in
Contractual Risk Transfer will help you expertly review
contracts to identify problems or noncompliance issues.
- Model insurance clauses will help you write precise and appropriate
requirements while saving hours of drafting time.
- State-by-state discussion and summary of anti-indemnity statutes for
oil and gas and construction contracts helps you secure maximum
protection while minimizing the possibility of the hold harmless
provision being nullified by the courts.
- A detailed and continuously updated discussion of additional insured
status with respect to general liability, auto liability, umbrella
liability, workers compensation, and property insurance will help you
decide what contract requirements to impose on others or to educate
others when they make impractical or unobtainable insurance
requirements.
- Analyses of the standard construction contracts will help you develop
ideas for modifying them to eliminate ambiguity and maximize protection
of your organization.
Underwriters
- Keep up with the latest changes in the ISO additional insured
endorsements and the nuances of the many different insurer-drafted
endorsements being used in the marketplace.
- Understand the implications of requests for unusual policy changes in
response to contract requirements being imposed on your customers.
- Analyze the scope of liability that may be transferred to your
customer under the laws of the state(s) in which the customer operates.
This insight will strengthen your client relationships.
- Answer tough insurance and indemnity questions posed by
agents/brokers and insureds.
Claims Adjusters
- Keep up with the latest changes to the ISO additional insured
endorsements, including relevant caselaw development, and use the
documented drafting history to make powerful arguments about the coverage
intent.
- Use the summaries of anti-indemnity statutes and state caselaw
affecting hold harmless and indemnity provisions as a starting point for
deciding whether to fight a request for indemnification by a
noninsured.
- Third-party support to your decisions and explanations will
strengthen your client relationships.
Attorneys
- Includes 1,058 case citations.
- Keep up with the latest changes to the ISO additional insured
endorsements, including relevant caselaw development, and use the
documented drafting history to make powerful arguments about the coverage
intent.
- Use the model contract insurance requirements to draft precise and
unambiguous insurance clauses using modern insurance terminology rather
than archaic language copied from contracts written prior to the
development of the standard insurance policy forms in use today.
- Use the summaries of anti-indemnity statutes and state caselaw
affecting hold harmless and indemnity provisions as a starting point for
developing your legal arguments or in drafting rock solid contracts for
your clients.
Consultants
- Keep up with the latest changes to the ISO additional insured
endorsements, including relevant caselaw development, and use the
documented drafting history to make powerful arguments about the coverage
intent.
- Use the model contract insurance requirements to draft precise and
unambiguous insurance clauses using modern insurance terminology rather
than archaic language copied from contracts written prior to the
development of the standard insurance policy forms in use today.
- Detailed checklists cross-indexed to the discussions in
Contractual Risk Transfer will help you expertly review
contracts to identify problems or noncompliance issues.
With your purchase of Contractual Risk Transfer, you will
also get a copy of the Contractor's Guide to OCIPs, a
handy reference that provides guidance on 39 issues contractors should
consider when accepting coverage through a wrap-up or controlled
insurance program. This publication was prepared by the OCIP Task Force
of the AGC of America.