Independent Contractor Agreement Insurance Clause Template for England and Wales

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Key Requirements PROMPT example:

Independent Contractor Agreement Insurance Clause

"I need an Independent Contractor Agreement Insurance Clause for a software development contractor who will be working on sensitive financial data, requiring comprehensive professional indemnity coverage of at least £2 million and cyber liability insurance coverage."

Document background
The Independent Contractor Agreement Insurance Clause is essential for businesses operating in England and Wales who engage independent contractors. This clause establishes the insurance framework necessary to protect both parties during the engagement period. It details specific insurance requirements, including professional indemnity, public liability, and other relevant coverage types based on the nature of services provided. The clause ensures compliance with UK insurance regulations while providing clear guidelines for maintaining appropriate insurance coverage throughout the contract term.
Suggested Sections

1. 1. Parties: Identifies the contracting parties - the company/client and the independent contractor

2. 2. Background: Sets out the context and purpose of the insurance requirements

3. 3. Definitions: Defines key terms used in the insurance clause including types of coverage, claim periods, and relevant parties

4. 4. Required Insurance Coverage: Details the mandatory types and levels of insurance coverage the contractor must maintain

5. 5. Proof of Insurance: Specifies requirements for providing and maintaining evidence of insurance coverage

6. 6. Duration of Coverage: Establishes the time period for which insurance must be maintained, including any post-completion requirements

7. 7. Claims Notification: Sets out procedures for notifying and handling insurance-related claims

Optional Sections

1. Additional Insured Requirements: Optional section used when the client needs to be named as additional insured on contractor's policies

2. Specific Industry Coverage: Optional section for specialized insurance requirements based on industry-specific risks

3. Waiver of Subrogation: Optional clause preventing insurers from seeking recovery from other parties, used in complex multi-party projects

4. Cross-Indemnification: Optional section detailing mutual indemnification obligations related to insurance coverage

Suggested Schedules

1. Schedule 1 - Insurance Requirements: Detailed breakdown of required insurance types, coverage amounts, and specific requirements

2. Schedule 2 - Certificate of Insurance Template: Standard format for insurance certificates that must be provided by the contractor

3. Schedule 3 - Claims Procedure: Detailed process and timeline for handling insurance claims and notifications

4. Schedule 4 - Approved Insurers: List of acceptable insurance providers and minimum rating requirements

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Industries

Third Parties (Rights Against Insurers) Act 2010: Primary legislation governing the rights of third parties to claim directly against insurers in insurance contracts.

Insurance Act 2015: Key legislation covering duty of fair presentation, remedies for breach of insurance terms, and provisions regarding fraudulent claims.

Contracts (Rights of Third Parties) Act 1999: Legislation determining third-party rights under contractual arrangements, including insurance provisions.

Employers' Liability (Compulsory Insurance) Act 1969: While not directly applicable to independent contractors, provides useful benchmark requirements for insurance coverage.

Common Law Principles: Legal principles established through case law covering indemnity and insurance obligations, reasonable requirements for coverage, and duty to mitigate losses.

Professional Indemnity Insurance Requirements: Specific insurance requirements that may be applicable depending on the contractor's profession or industry.

Health and Safety at Work etc. Act 1974: Legislation ensuring that insurance requirements align with statutory health and safety obligations.

Public Liability Insurance Considerations: While not legally mandatory, these are commonly required contractual insurance provisions to protect against third-party claims.

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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