
Does my insurance cover the indemnity (hold harmless) clause in my contract?
Partly. Standard general liability (CG 00 01 04 13) covers tort liability you assume in a contract as an "insured contract", for bodily injury or property damage to a third person, where the law allows the indemnity. It does not cover every promise in a broad-form indemnity, endorsements such as CG 24 26 or CG 21 39 narrow it, and state anti-indemnity laws void some clauses outright.
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Send us what you have. We’ll tell you if it’s right.
Your current policy paperwork, a renewal notice, or nothing at all. A licensed agent reads it and replies the same business day.
The forms, side by side
CG 00 01 insured contract
- What it does
- Covers tort liability you assume for injury or damage to others
- Blanket or scheduled
- Standard form
- Carrier availability
- Every ISO policy
- What to ask your agent
- Has any endorsement changed the definition?
- Common trap
- Assuming it covers contract breach or the other party’s own fault
CG 24 26 04 13
- What it does
- Limits it to losses caused in whole or in part by you
- Blanket or scheduled
- Endorsement
- Carrier availability
- Common
- What to ask your agent
- Is CG 24 26 on the policy?
- Common trap
- Gaps on a broad-form indemnity
CG 21 39
- What it does
- Contractual Liability Limitation: removes assumed tort liability
- Blanket or scheduled
- Endorsement
- Carrier availability
- Varies by carrier
- What to ask your agent
- Is CG 21 39 on the policy?
- Common trap
- Leaves most construction indemnities uninsured
The detail
The CG 00 01 contractual liability exclusion does not apply to liability "assumed in a contract or agreement that is an 'insured contract', provided the 'bodily injury' or 'property damage' occurs subsequent to the execution of the contract or agreement."
CG 24 26 04 13 limits that part of insured contract to injury or damage "caused, in whole or in part, by you or by those acting on your behalf", and only to the extent your assumption of the tort liability is permitted by law.
California voids construction contract provisions that "purport to indemnify the promisee against liability for damages" arising from "the sole negligence or willful misconduct of the promisee".
What this means for you
- Sign after the policy is checked. Coverage applies only to injury that occurs after the contract is executed. Signing late opens a gap.
- Broad form promises more than insurance pays. An indemnity for the general contractor’s own sole negligence is void in California and unlikely to be insured anywhere. Ask an attorney about the clause and your agent about the policy.
- Additional insured is the second half. The contract usually wants both: you indemnify them, and they are an additional insured on your policy. The two respond differently and both are checked.
Related questions
- Is contractual liability coverage the same as additional insured?
No. Contractual liability covers your promise to pay for their loss. Additional insured makes them an insured with their own right to a defense under your policy. Contracts ask for both.
- Named vs additional insured
- Should I sign a broad-form indemnity?
That is a legal question for your attorney, and a negotiating one. We can tell you what your policy covers of it; we do not give legal advice.
- Can you check the insurance requirements in my contract?
Yes. Paste the insurance section into our free Contract Insurance Decoder and it names the endorsement behind each clause, flags the ones that are often missing, and prints a checklist, without the text leaving your browser. Send that with your current policy and a licensed agent compares them line by line, usually the same business day.
- Open the Contract Insurance Decoder
Need this handled?
Reading about it and having it handled are different jobs, and the second one is ours. We place the accounts other brokers decline — claims history, a cancellation, an unusual operation, a business nobody wants to underwrite twice — and we will tell you when the policy you already have is the right one. Tell us the situation and a licensed human replies the same business day.
Written by Kevin Kelsey, founder and principal agent, CA License #6011822, at Boring Insurance. Last updated 2026-10-05. See all guides.