Climate clause

General Condition to Commercial Insurance Policies: Climate Change Risk Assessment [New]

Kitty's Clause

A clause requiring companies to carry out a climate change risk assessment, to be inserted into the General Conditions of corporate insurance policies across all lines of business.

This is a climate clause

This clause brings climate considerations to your drafting. It is not yet net zero aligned. To align this clause with net zero, use our toolkit or join one of our events.

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Why use this?

This clause prompts corporate policyholders and insurers to assess the climate-related risks posed to a policyholder’s business. In doing so, it brings climate-related risks to businesses to the fore for corporate policyholders and their insurers which in turn builds sector familiarity (in identifying and managing climate-related risks), refines market understanding and influences market behavioural norms in relation to managing and mitigating climate-related risks.

Disclaimer - please read

The clauses on this website (and published in our Climate Contract Playbook) have been prepared in good faith on a pro bono basis and are free to download and use. The clauses have been drafted and edited by a variety of lawyers and, as such, the approaches to drafting may not conform to any particular drafting norms. We acknowledge this as a consequence of the collaborative drafting process.

The clauses on this website (and published in our Climate Contract Playbook) are provided on an ‘as is’ basis and without any representation or warranty as to accuracy or that the clauses will achieve the relevant climate goal or any other outcome.

This website (and the Climate Contract Playbook) does not comprise, constitute or provide personal, specific or individual recommendations or advice of any kind, and does not contain legal or financial advice. The clauses are precedents for legal professionals to use, amend and negotiate using their professional skill and judgement and at their own risk.

While care has been taken in the drafting of these clauses, neither The Chancery Lane Project nor any of its contributors owe a duty of care to any party in relation to their preparation and do not accept any liability for any errors or omissions, nor for any loss incurred by any person relying on or using these clauses or any other person. Users should use their own professional judgement in the application of these clauses to any particular circumstance or jurisdiction or seek independent legal advice.

At present, all the clauses are based on the laws of England and Wales. We encourage the conversion of these precedent clauses for use in other jurisdictions.

The clause

Additional Definition

Climate Professional means an appropriately qualified environmental, sustainability or climate consultant who has the skills and experience to diligently, competently and professionally assess the climate-related risks relevant to an organisation.

 

General Conditions to the Policy

Climate Change Risk Assessments

You will nominate and instruct an appropriately qualified Climate Professional to carry out a climate change risk assessment using the form* provided to You by Us within six (6) months of the inception of cover under this Policy[, using reasonable endeavours to complete the form accurately and completely in good faith]. [You will present the climate change risk assessment to Your Board of Directors for review.]

* [Drafting note: Pro forma depends on estimated turnover of insured i.e. basic process for a small or medium enterprise (SME) graduating up to an assessment in line with TCFD guidance for larger companies (bands to be confirmed). See Tilly’s Clause (Climate Checklist for Prospectuses and Other Public Offering Documents) for a simpler alternative to full TCFD disclosure.]

Glossary references: Climate Professional

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