Define the service
Describe the advice, design, judgment, specification or deliverable.
Decision framework
Move from agreement language to a clear position.
Each step keeps exposure, insurance, evidence and authority separate.
Identify reliance
State who uses the work, what decisions depend on it and what acceptance means.
Map failure
Separate financial loss, rework and delay from bodily injury, property damage, cyber or regulatory paths.
Test continuity
Review claims made basis, retroactive date, subcontracted services and expectations after completion.
Record the position
State supported wording, limit, evidence, fallback and who is accountable.
Decision matrix
Use the fact pattern, not the clause label.
These are routing positions. Actual policy, legal and statutory outcomes still require the appropriate qualified person.
| Signal | Why it matters | Working response |
|---|---|---|
| Advisory service | A client relies on recommendations. | Connect E&O to negligent advice and resulting financial loss. |
| Design service | Plans or specifications influence physical work. | Review professional and general liability interfaces. |
| Technology service | Configuration or implementation can fail. | Distinguish technology E&O from cyber/privacy events. |
| Subconsultant | A specialist performs part of the service. | Flow down relevant professional requirements and preserve prime accountability. |
Applied example
Fictional scenario: engineering consultant
Situation: An engineering firm designs a warehouse automation layout but does not install the equipment. A specialist models fire protection impacts.
InsureClause path: The review identifies design and reliance, separates the consultant’s professional exposure from the installer’s operations, addresses the subconsultant, and checks claims made continuity after completion.
Boundary: The working position does not promise that a policy covers every contractual liability or guarantee that no loss will occur.
Review checklist
What a usable position should contain
- Professional acts and deliverables are explicit.
- Reliance and business dependency are known.
- Financial and physical loss pathways are separated.
- Subconsultants and interface responsibilities are addressed.
- Claims made continuity and retroactive exposure are reviewed.
- Limit, survival and evidence are proportionate and achievable.
Editorial method
Practical, based on sources and clear about uncertainty.
This guide combines common commercial insurance practice with information from public authorities and regulators. The sources support the framework, but they do not create one legal or coverage answer for every situation.
The product value
Bring the same structure into a complete contract review.
InsureClause connects the work, responsible party, exposure, insurance mechanics, evidence, wording and next step in one review.