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One policy or several: what the choice really decides

8 min of reading

A large project can be insured in two ways, and the choice is made early, often by default. Either the project owner buys a single policy covering all parties and all the works, or each contractor brings its own for what concerns it. Put that way, the subject looks like a question of administrative organization. It is not one. The choice decides who answers at the time of the loss, how fast the works will be repaired, and where the gaps will sit, because there are gaps in both configurations, simply not in the same places.

The single policy has an advantage that explains its popularity on large projects and that is not the one usually cited first. Economy and uniform terms are put forward; the real strength is elsewhere, in removing the question of attribution. Damage to the works is covered because it is the works, without first having to establish which contractor caused it. On a site where thirty firms work at the same time on the same square meters, that question can take two years, and for those two years the works are not repaired. Pay first and attribute later, or not at all, is the service the project owner is actually buying.

The flip side is that this policy stands in for liability without abolishing it, and the parties get that wrong. A contractor covered as an insured under a single policy keeps its contractual liability toward whoever engaged it. It remains liable for the deductible, for delay penalties, for everything above the limits, and for what the policy excludes. That residual liability is nothing like theoretical on a large project where deductibles run to hundreds of thousands of euros per loss. A contractor that cancelled its own cover because the project supplied one then discovers it has nothing left for the share that remains with it, and that it no longer has it at the moment it is needed.

Separate policies produce the reverse configuration, with qualities of its own. Each contractor stays covered by its usual insurer, which knows its trade and its losses, and the project owner carries no administrative burden. The price of that dispersion is that any damage becomes first a question of attribution: the responsible party must be identified before anyone pays. The insurers of three neighboring firms watch each other, each with an interest in the cause sitting with another, and the repair waits. The project owner, party to none of those contracts, watches its works stay as they are while others argue.

The most characteristic gap in that configuration is not the slowness, however, it is the seam between two scopes. Each policy covers its insured's works. Damage caused by one contractor to works performed by another therefore falls between two definitions: they are not the responsible party's works, and the victim's insurer covers its works but may assert its own recourse. Damage caused by nobody, an infiltration whose origin stays undetermined between two packages, finds simply no contract that says it is concerned. The single policy handles both cases without thinking about it, because it defines the works as a whole; separate policies handle each as litigation.

An intermediate configuration is worth knowing because it is frequent and carries the worst of both: a single policy for the structural works, and separate policies for the technical packages. The boundary then follows the split of the contracts, which is not the split of damage. A fire starting in an electrical board, a technical package, that damages the structure, structural works, sits astride, and each of the two contracts reads as if the other did not exist. It is not an intended configuration, it builds up by sedimentation when a package is added late or when a firm refuses to join the project policy.

A word finally on coinsurance, which overlays that choice without merging with it. A single policy on a large project is almost always carried by several insurers sharing the risk in fixed shares, led by a leader. That structure changes nothing about the cover, each coinsurer owing its share on the same terms, but it changes the handling: the leader adjusts, the others follow, and a disagreement among them shows up as a partial settlement rather than a declinature. The useful distinction is therefore this: the choice between one policy and several bears on the number of CONTRACTS and decides attribution; coinsurance bears on the number of INSURERS on one contract and decides the pace of settlement.

The worked case

A hospital is built under a single construction policy bought by the project owner, carried in coinsurance by four insurers, the leader taking 40%. The low-voltage package refused to join the policy and keeps its own. In November a fire starting in a low-voltage cabinet damages the structure and two floors of finishing works: 6.8 million euros. The single policy carries a 400,000 euro deductible per loss, and the main contractor's contract places delay penalties on it, 12,000 euros a day, for 58 days of slippage. The low-voltage package's policy carries a 3 million limit. How does the file resolve?

The analysis

The structure and finishing works are the property insured by the single policy, which therefore pays 6.8 million less the 400,000 deductible, without anyone's liability having to be established: that is exactly the service bought, and it works. Three points follow, two of which are missed. First coinsurance: if the leader adjusts and one of the three followers disputes its share, the project owner is not declined, it is partially settled, to the extent of the agreed shares, and must pursue the remaining share separately. A declinature is visible; a settlement at 78% is less noticeable and handled worse. Next the package left outside: not being an insured under the contract, it is not protected by the waiver of subrogation, and the coinsurers who paid have a subrogated recourse against it, capped in practice by its own 3 million limit. Refusing to join the project policy, which looked like a saving, here costs it the main protection. Finally the deductible and the penalties: 400,000 euros plus 696,000 euros of penalties are covered by neither policy, they are allocated through the works contracts, and that is where most of what each party actually loses is decided.

What to remember
  • 01What a single policy really buys is not price but the removal of attribution: the works are repaired without first having to say who broke them.
  • 02It stands in for liability without abolishing it: deductible, penalties, amounts above the limits and exclusions are still settled through the works contracts.
  • 03With separate policies the characteristic gap is the seam: damage caused by one contractor to another's works, or whose origin stays undetermined, finds no contract that says it is concerned.
  • 04A package left outside the project policy is not protected by the waiver of subrogation: the insurers that paid for the works have a recourse against it.
  • 05Coinsurance is not the question of how many contracts: it bears on how many insurers share one contract, and its failure mode is a partial settlement rather than a declinature.

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