Contractual Liability (Insurance) Template for India

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Key Requirements PROMPT example:

Contractual Liability (Insurance)

"I need a Contractual Liability Insurance document for my construction company based in Mumbai, covering multiple infrastructure projects with government entities starting January 2025, with coverage limit of INR 50 crore and including provisions for subcontractor liability."

Document background
This Contractual Liability Insurance document is essential for businesses operating in India that seek protection against risks arising from their contractual obligations and agreements. The document, governed by Indian insurance laws and regulations, provides a comprehensive framework for managing contractual risk exposure. It is particularly valuable when businesses enter into significant contracts where breach or non-performance could result in substantial financial losses. The insurance coverage typically includes defense costs, settlements, and judgments related to covered contractual claims. This document type aligns with the Insurance Act, 1938, IRDAI guidelines, and other relevant Indian legislation, offering businesses a structured approach to transferring contractual risks to insurers while maintaining compliance with local regulatory requirements.
Suggested Sections

1. Parties: Identification of the insurer and the insured party, including full legal names and addresses

2. Background: Context of the insurance arrangement and brief description of the insured's business activities

3. Definitions: Detailed definitions of key terms used throughout the policy, including technical and legal terminology

4. Scope of Coverage: Detailed description of what contractual liabilities are covered under the policy

5. Policy Period: Duration of the insurance coverage, including start and end dates

6. Limits of Liability: Maximum amounts payable under the policy, including any sub-limits

7. Premium and Payment Terms: Details of premium amount, payment schedule, and consequences of non-payment

8. General Exclusions: Specific circumstances and types of losses that are not covered under the policy

9. Claims Procedure: Step-by-step process for filing and handling claims

10. General Conditions: Standard policy conditions including cancellation, renewal, and modification terms

11. Duties and Obligations: Specific responsibilities of both the insurer and the insured

12. Dispute Resolution: Procedures for handling disputes, including jurisdiction and applicable law

Optional Sections

1. Territory Extension: Used when coverage needs to extend beyond standard territorial limits

2. Cross Liability Clause: Include when multiple parties need to be insured under the same policy

3. Retroactive Coverage: When coverage needs to extend to events before the policy start date

4. Defense Costs: Detailed section on legal defense costs when these need separate treatment

5. Specific Industry Provisions: Special provisions relevant to particular industries or business types

6. Sanctions Clause: Required for businesses with international operations or exposure

Suggested Schedules

1. Schedule A - Premium Calculation: Detailed breakdown of premium calculation and payment schedule

2. Schedule B - Covered Contracts: List and details of specific contracts covered under the policy

3. Schedule C - Sub-limits and Deductibles: Detailed breakdown of various sub-limits and deductibles applicable

4. Appendix 1 - Claim Forms: Standard forms and documents required for claim submission

5. Appendix 2 - Risk Management Guidelines: Guidelines and best practices for risk management

6. Appendix 3 - Endorsement Templates: Standard formats for policy endorsements and modifications

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

Clauses
Relevant Industries

Construction

Manufacturing

Information Technology

Professional Services

Infrastructure Development

Healthcare

Real Estate

Logistics and Transportation

Engineering Services

Retail and Distribution

Energy and Utilities

Telecommunications

Relevant Teams

Legal

Risk Management

Compliance

Finance

Operations

Procurement

Commercial

Business Development

Project Management

Corporate Affairs

Insurance

Contracts Administration

Relevant Roles

Risk Manager

Legal Counsel

Compliance Officer

Chief Financial Officer

Contract Manager

Insurance Manager

Chief Risk Officer

Operations Director

Project Manager

General Counsel

Business Development Manager

Procurement Manager

Commercial Director

Corporate Secretary

Finance Director

Industries
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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