contract review

End of Year Risk Tip: Review Contracts Up For Renewal

As we move into a new year…a number of business related contracts come up for renewal. With that in mind, we suggest that you spend the time to review, in detail, your contracts such as leases, purchase agreements and services contracts.

Comment: Many times contracts are signed without a proper review and understanding of the liability being assumed and insurance implications. Most contracts and leases require you to assume a variety of liability. The pertinent clauses and wording are not always reviewed and addressed properly placing you in breach of contract as soon as it is signed. Unfortunately these are not addressed until after the fact, placing you in a very difficult position. We see this happen more often than not in construction contracts. The haste to get projects underway precludes proper review of the documents defining the projects terms and conditions. This can be a most costly mistake.

Bottom Line: Have your contracts reviewed by your attorney and insurance advisor prior to signing them. Hopefully this will serve to avoid taking on any unnecessary liability or exposure.

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The Life of an Insurance Policy

A few weeks ago I participated in a panel discussion regarding insurance issues. The first part of the discussion was to center around “the life of an insurance policy” – I thought to myself what exactly is the life of an insurance policy and trying to have a little fun with it, I came up with this poem. I am sure many of you can relate.

The Life of an Insurance Policy

Mine is somewhat of a lonely life.

I am born from an insurance company to satisfy a need,

a need for peace of mind and financial protection against many worldly risks.

I am courted by, and eventually partner with, individual consumers and businesses alike.

The way I get matched up is sort of like a blind date, if I look good on the outside then I can’t be too bad on the inside

Once I am with my new-found customer I sit on a shelf, stuck in a file cabinet or I’m in a PDF file somewhere…

No one touches me, reads me, caresses me or understands me – a lonely life

But they know I’m there…somewhere…

Ah, but when there is a loss and claim – that’s when the fun begins.

Then I have so many friends…claims adjusters, agents, attorneys

Everyone is interested in what I have to say…they want to understand me better.

I feel fulfilled – everybody’s reading me when there is a loss, even fighting over me – I’m feeling loved.

Although, sometimes people get mad with me…I didn’t provide what they thought they had

And to them I say…you really didn’t get to know me, with all of the good and all of my flaws.

All I wanted in life was a little peace, love and understanding.

R. Scott Wolff, CIC, CRIS

Are You Playing Russian Roulette With The Insurance Related Provisions of Your Everyday Business Contracts?

Many times company leadership does not put much thought to the importance of reviewing the insurance related provisions of their business contracts, but if there is a single message I want to make clear in this post, it is that mitigation of risk is essential.

It is difficult to express in dollar value the importance of contract reviews especially given that you truly don’t know what has actually been saved if a problem or risk was mitigated ahead of time … which is the point of risk management. Unfortunately, and too often business leaders don’t see the value either and just let it go. In reality, it is like playing Russian roulette … it is not if, but when.

Here is a perfect example:

Recently a company was doing some capital improvements and adding a building extension. It was a 3 million dollar project where the contractor presented a “standard form” contract agreement for the project. Standard for who? The word “standard” should raise a red flag and can get you every time. You think, they are a large contractor they know what they are doing. That is exactly right, they know what they are doing … protecting themselves.

Needless to say, there was an accident. A subcontractor hit a sprinkler-head which caused water damage not only to the new construction but to the existing building. The section of the contract relating to indemnification and insurance was written poorly for this particular project and the owner was left holding the bag on $100,000 in repair cost.

Are the following words just a bunch of “mumbo jumbo” or do you understand how they work within the various provisions of your business contracts – additional insured, pollution liability, waiver of subrogation, and indemnification? Also important, will these contracts make insurance policies between the business parties respond appropriately?

Your turn to pull the trigger …