Page 68 - IEC Insights Sept-Oct21
P. 68

FEATURE












                              READING THE


                              FINE PRINT






                              Understanding Contractual


                              Liability Coverage





                                                                 BY NATHAN S. OLAND, AIC, LUTCF
                                                                 SENIOR NATIONAL ACCOUNT EXECUTIVE
                                                                 FEDERATED MUTUAL INSURANCE COMPANY





          Working with contracts can be necessary   each party is responsible for and how   jobs. By carefully reviewing them and
          for electrical contractors — job contracts,   liability may be assigned in the event   working with a qualified attorney when
          work orders, bid letters, and insurance   of a dispute related to that contract.   needed, a contract can go a long way
          contracts are vital to ensuring liability                             in allowing your employees to focus on
          coverage applies to specific jobs. Even if   An insurance policy containing contractual   their jobs with less fear of a third party’s
          you are familiar with using contracts, there   liability coverage is separate from other   accidental losses or damages.
          is always more to learn to better help   business contracts, and it is important to
          protect your business, and it’s important   remember that your insurance may not   Consider these recommendations when
          to understand the dangers of not reading   respond to all promises made in another   entering into a contract:
          or understanding what is included in them.  contract. A general liability policy may   •   Review the terms of the agreement
                                             contain some coverage for liabilities, but   in their entirety including, but not
                                             not all, and it may defend or pay damages,   limited to, language related to
          WHAT IS                            but there is a chance your own losses   insurance requirements.
          CONTRACTUAL                        may not be covered. This is where specific   •   Discuss with your attorney how to best
                                             contractual liability coverage can come
          LIABILITY COVERAGE?                into play and help protect yourself and   limit your responsibility to damage
                                             your business.                      resulting from your work or products only.
          Contractual liability coverage is insurance                           •   Discuss with your attorney how you
          that helps protect against liabilities that                            can best avoid assuming another’s
          policyholders assume when entering   UNDERSTANDING                     negligence or liability.
          into a contract. When a business   YOUR CONTRACT
          performs work for another company                                     •   Being cautious of language, including
          or hires another company to perform   Having a thorough understanding of the   the words “defend,” “indemnify,” or
          work on their behalf, the parties may   terms of your contracts can help give you   “hold harmless” and be sure to discuss
          enter to a contract identifying what                                   those terms with your attorney.
                                             an advantage when working on different


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