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PenSure Indemnity Check provides legal advice on indemnity and insurance terms in a wide range of commercial agreements to identify whether contractual obligations are likely to be covered by insurance arrangements.

Every day, scores of Australian businesses enter into commercial agreements, many for multi-million dollars, without fully considering - let alone understanding - whether contract terms could leave them uninsured. For example, insurers typically exclude cover for any risks an insured “assumes” under an agreement. This means that insurers will not cover you if you agree to take on someone else’s liabilities (i.e. liabilities the law would not normally impose on you). 

Secondly, agreements often contain specific terms which oblige one party to take out liability insurance for another. If you have agreed to arrange this insurance on specific terms, and do not understand or meet those particular obligations, you may find yourself uninsured.

PenSure is a cost-effective, risk management service provided by trusted, highly experienced insurance lawyers to help you quickly and confidently identify potential uninsured contractual risks and obtain the right liability insurance. 

For more information, shoot us an email.

How PenSure works

You can choose one of two PenSure advice options depending on whether you require advice on a commercial agreement or both an agreement and a specific insurance policy:

Option 1Review of commercial agreement only

  • Advice identifying and explaining the contractual indemnity and insurance terms in an agreement in the context of how standard policies are likely to respond

Option 2Review of commercial agreement and specific insurance policy

  • Advice identifying and explaining the contractual indemnity and insurance terms in an agreement in the context of how the specific policy you submit for review is likely to respond

In both options we provide you with a practical, easy-to-understand response that identifies:

  • The relevant contractual and policy terms
  • Whether those terms are likely to lead to any uninsured exposure or unmet obligations
  • Steps you might consider to minimise potential uninsured risks

There are just 3 easy steps to obtain a PenSure Indemnity Check advice. 

  1. Complete the Enquiry form (below) or telephone us on +61 7 3231 6134.  We will respond that day or no later than the next business day.
  2. Email us the relevant documents, confirming acceptance of our business terms.
  3. We will review the agreement(s) and insurance policy(s) and send our  comprehensive, easy-to-understand report and invoice.  We will also provide a 15 minute telephone consultation to discuss the report (if requested).
Pricing Guide

The cost depends on which option you choose and the complexity of the documents submitted for review. In our initial contact with you, we gain an understanding of your requirements, the relevant commercial agreement and any insurance policy, and then provide you with a fixed price to undertake the review.

The following details provide a guide to likely costs (exclusive of GST)

Option 1: Review of commercial agreement only

  • Advice identifying and explaining the contractual indemnity and insurance terms in an agreement in the context of how standard policies are likely to respond

Standard Contract - $1,250

Complex Contract - $2,250


Option 2: Review of commercial agreement and specific insurance policy

  • Advice identifying and explaining the contractual indemnity and insurance terms in an agreement in the context of how the specific policy you submit for review is likely to respond

Standard Contract - $2,500

Complex Contract - $4,000


Some examples of standard and complex contracts

Standard contracts*

  • Simple labour hire agreements
  • Standard form licence agreements
  • Standard form supply agreements
  • Standard REI residential, commercial or agency agreements
  • Standard REI property management agreements
  • Simple vehicle lease & hire contracts

* Standard contracts - up to 20 pages in length including schedules and attachments

Complex contracts

  • Joint venture agreements
  • Complex labour hire agreements
  • Subcontractor/contractor agreements
  • Australian standard construction contracts and sub-contracts e.g.  AS4901-1998 and D&C AS4902-2000;
  • Manufacturing agreements

Further assistance

Should you need subsequent assistance with drafting or reviewing revised contractual terms, insurance cover or policy endorsements, we offer a 20% reduction on our standard hourly rates, or a fixed quote that includes this discount offer.