Insurables — Australian business risk, sourced and dated

When a certificate does not meet the contract

In short

  • Identify which requirement is unmet: the insured name, the class of cover, the limit, the period, or a required notation. Each has a different fix.
  • Most gaps can be fixed mid-term. A limit can usually be increased and a notation added without waiting for renewal.
  • Tell the principal what is being fixed and when. A contract breach that is disclosed and remedied is a different conversation from one found later.

Insurance clauses in construction and services contracts are specific, and a certificate that satisfies a licence often falls short of a contract. Site access can be refused over it, and progress claims can be withheld.

The gap is almost always fixable. This page sorts the gaps by what it takes to close them.

Name the unmet requirement precisely

Read the insurance clause and the certificate side by side, and write down exactly which line fails. Vague escalation wastes the broker’s time and yours.

The five failures that account for nearly all of these are: the insured entity is wrong, a required class of cover is missing, the limit is below the stated minimum, the period does not cover the work, or a notation the clause requires is absent.

The fixes that do not need a new policy

Increasing a limit of indemnity mid-term is routine and is priced as an adjustment to the premium. Adding an interested party notation or a principal’s indemnity extension for a specific contract is also usually an endorsement, not a new policy.

A missing class of cover is a new policy or a new section, and it takes longer because it has to be underwritten. Start that conversation the day the gap is found.

The fixes that need the contract to change

Some clauses ask for something a policy cannot sensibly give: cover for the principal’s own negligence, an unlimited waiver of recovery rights, or a class of cover that does not exist for the work being done.

Where that happens, the fix is a variation to the clause, not to the policy. Put the alternative in writing, explain what the policy does provide, and let the principal decide. Do not sign a warranty the policy cannot support.

Where the gap is the principal’s own requirement

Requirements are sometimes copied between contracts without regard to the job. A minimum limit written for major civil work can appear in a small maintenance contract.

Asking why a requirement applies to this scope is legitimate and often successful. Compare the requirement with what the licence or the scheme actually demands, and put the comparison in the request.

Questions

Can I start work while the gap is being fixed?
That is the principal’s call under the contract, and many insurance clauses make evidence of cover a condition precedent to commencement. Ask in writing before assuming anything, because starting in breach of the clause can affect payment as well as risk.
How quickly can a limit be increased?
Often within a day for a standard risk, because it is an adjustment, not a new placement. Complex or high-hazard work may need to go back to the underwriter.
The clause asks for cover I have never heard of. What now?
Send the clause to whoever arranges your insurance and ask whether the cover exists for your activities and what it would take to obtain. Some requirements name covers that do not apply to the work at all, and that answer is worth having in writing.
Does a broker have to tell me if my cover does not meet a contract?
A broker can only advise on the clauses it has seen. Sending the insurance clause when asking for a certificate is what puts them in a position to spot the mismatch.

Sources

  • Moneysmart (ASIC) — General guidance on the types of business insurance from the regulator’s consumer site.

Related

Clauses this page relies on