Life SciencesLiability

Question

What insurance do you need to sign a partnership or vendor agreement in life sciences?

Short answer

Most partnership, vendor, and platform agreements require general liability, products liability, and cyber liability at defined limits, plus specific endorsement wording (additional insured, primary and non-contributory, waiver of subrogation). The wording, not the limits, is what most often sends a certificate back to be redone.

The short answer

When you sign a partnership, reseller, platform, or vendor agreement, the counterparty almost always attaches an insurance exhibit that lists the coverages and limits you must carry, name them as an additional insured for, and evidence with a certificate before the contract takes effect.

The coverages requested are usually general liability, products or professional liability, and cyber liability. The limits are often modest and achievable. The part that stalls deals is the wording underneath the limits, which the other side's legal or procurement team checks precisely.

What the insurance exhibit usually requires

A common baseline in life-sciences and digital-health agreements is commercial general liability at $1,000,000 per occurrence and $3,000,000 aggregate, products and completed operations liability at similar limits, and cyber liability at $1,000,000 covering privacy, data security, and, where patient data is involved, HIPAA-related claims.

Higher-risk relationships (hospital purchase contracts, GPO supplier agreements, sponsor master service agreements) push these higher and add umbrella or excess requirements. The specific numbers always come from the contract in front of you, so the exhibit itself is the source of truth, not a general rule of thumb.

Why the wording matters more than the limits

Meeting the dollar limits is rarely the hard part. Certificates get bounced back because the policy is missing the endorsement language the contract requires: the partner named as an additional insured, coverage that responds on a primary and non-contributory basis, a waiver of subrogation in the partner's favor, and a specific number of days of cancellation notice.

A certificate that shows the right limits but omits that language does not satisfy the exhibit, and the counterparty's reviewer will send it back. Each round trip costs days, which is why reading the exhibit against your actual policy before you promise a certificate is worth doing first.

How to satisfy it the first time

Read the insurance exhibit clause by clause against your current policy and identify where the program meets, partially meets, or falls short of the requirement. Where it falls short, the fix is usually an endorsement or a program change rather than a wholesale replacement.

Build the coverage to satisfy the wording, not just the limits, so the certificate clears the counterparty's review on the first pass. For an early-stage or pre-revenue operator, these requirements are generally achievable at reasonable cost; the value is in getting the structure right so the deal is not held up.

Primary sources

Sources and references

This answer draws on the following regulatory, statutory, and standards-body sources. Coverage availability and program structure also depend on carrier appetite and underwriter discretion not captured by these sources.

Related practice areas

Insurance clauses in this area

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