Live Webinar: Allocating Risk in Commercial Contracts: Indemnities, Liability Caps and Insurance Gaps

Getting risk allocation wrong in a commercial contract can have consequences far beyond what the parties intended. Indemnities that are too broad, liability caps that don’t respond as expected, and insurance arrangements that don’t align with contractual risk can leave clients dangerously exposed. This session focuses on how risk is actually allocated — and misallocated — in practice, and what advisers need to look for when drafting, reviewing and negotiating commercial agreements. It covers:

• The different roles of indemnities, damages and limitation of liability clauses — and how they interact
• Drafting indemnities: what they cover, how they are triggered, and where they go too far
• Liability caps and exclusions: what can (and cannot) be limited, and common drafting traps
• The treatment of consequential loss and why it is often misunderstood
• When liability becomes effectively “uncapped” despite the wording of the contract
• The critical (and often overlooked) alignment between contractual risk and insurance cover
• Key negotiation pressure points and how to approach them from both sides of the table