Life SciencesLiability

Question

What should a laboratory check on the certificates of insurance it receives from couriers and vendors?

Short answer

Check that the limits meet your contract, that the coverage is the right line for what the vendor actually does, and above all that the endorsement wording you require genuinely exists. A certificate is evidence, not coverage. It confers no rights by itself, and additional insured status comes from an endorsement to the vendor’s policy, not from a line typed onto the certificate.

Why this side of the transaction is worth attention

Almost every discussion of certificates is written for the party producing one, because that is the party under deadline pressure. The reviewing side gets far less attention and carries real exposure.

A laboratory relies on couriers moving specimens, contract phlebotomists drawing samples, waste handlers removing regulated material, and service engineers maintaining instruments. When one of them causes a loss and turns out to be uninsured or inadequately insured, the claim looks for the party with coverage, which is you.

What a certificate does not do

It is a snapshot for information only. It does not amend the policy, it does not create coverage, and the policy can be cancelled or its limits eroded the day after it is issued.

The distinction that matters most is between the certificate and the endorsement. If your contract requires additional insured status, primary and non-contributory wording, or a waiver of subrogation, those must exist as endorsements on the vendor’s policy. Text in the description box of a certificate asserting them is not the same thing. For anything material, ask for copies of the endorsements themselves.

Matching the coverage to what the vendor actually does

A courier needs commercial auto at a limit that reflects the vehicles and the routes, and hired and non-owned auto cover if drivers use their own vehicles. General liability alone does not address a vehicle accident.

A contract phlebotomy provider is performing a clinical act on a person, so professional liability matters as much as general liability, and workers compensation matters because a needlestick injury to their staff on your premises is a foreseeable event.

A waste handler carries an environmental exposure that a general liability policy commonly excludes, so pollution or environmental impairment cover is the relevant line rather than a higher general liability limit.

Anyone touching your systems or handling protected health information should carry cyber and technology cover and should be under a business associate agreement where the relationship requires one.

The mechanical checks

Confirm the named insured on the certificate is the entity you actually contracted with rather than an affiliate or a trading name. Confirm the policy dates cover the whole engagement and diarise expiry. Confirm limits meet the contract and note whether they are per occurrence or aggregate, since a shared aggregate across all of that vendor’s customers is worth much less than it appears.

Watch for coverage written on a claims-made basis where you assumed occurrence, and for a certificate holder line that names you but is unaccompanied by the endorsement giving you any status.

Making it sustainable

Collect certificates at onboarding, set a renewal reminder before each expiry, and keep the endorsement copies with the contract rather than in a mailbox. The failure mode is rarely a refusal to provide a certificate; it is a certificate that quietly expired eighteen months ago.

Where a vendor operates outside the United States, expect the review to be harder: different currencies, narrower local forms, and endorsement concepts that may not translate. That situation is covered in the international specimen processing entry.

Related practice areas

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