Guide · Procurement

What insurance to require from independent contractors in a SOW.

Many SOW insurance clauses copy the limits from the vendor master agreement and ask for a certificate. That works for vendor companies. For an individual contractor, the clause needs to name the lines that match the work, set a proof standard, and say what happens when the contractor has no policy.

Lines by type of workLimitsProofPolicy termClause language
Step 1

Match each line of coverage to the loss the work can cause.

Start from the work described in the SOW. Each line of coverage answers a different loss, and a contractor doing advisory work from home does not need the same coverage as one working on a client's premises.

Physical work and site work

Workers' compensation for any contractor whose own injury is a realistic loss: on-site production, installation, field service, healthcare shifts, event work. General liability when the contractor works in your facilities or a client's, where property damage or third-party injury is the risk.

Advice and deliverables

Professional liability (errors and omissions) for consulting, design, strategy, analysis and other work where the loss is a mistake in the deliverable. Match it to what the contractor produces, not to the job title in the SOW.

Content and data

Media liability for contractors who create or publish content, where copyright, trademark or defamation claims are the risk. Cyber liability for contractors with access to your systems or to customer data.

Write the requirement by category of work. A SOW template with a short schedule (category of work, lines, limits) lets procurement apply the same standard to every engagement without a negotiation each time.

Step 2

Have your risk team set limits for individuals, separate from the vendor master agreement.

Limits in a vendor master agreement are usually sized for companies with their own insurance programs. An individual contractor may not carry, or be able to buy, the same limits, so a copied clause often ends with the requirement waived.

Ask your risk team for a separate schedule for individual contractors, by category of work. Keep it short enough that procurement can apply it without routing every SOW back for review.

Contractors who buy coverage through 1099Policy choose from the limits available for each line. [TK: available limits per line, from Ray.] When the SOW limits match the limits contractors can buy, the requirement can be met on the first day of the engagement.

Workers' comp · Physical and site work[ STATUTORY ]
General liability · On-premises work[ TK // LIMIT ]
Professional · Advice and deliverables[ TK // LIMIT ]
Step 3

Define what counts as proof of coverage.

A certificate of insurance is issued for information only. It shows what a policy looked like on the day the certificate was produced, and it does not change the policy. Your SOW should say what the certificate must show and how you will know if the policy changes.

For a certificate the contractor brings, check that the named insured matches the contractor, the policy dates cover the whole engagement, the limits meet your schedule, and the certificate holder and additional-insured fields are right. COI Review does these checks on ACORD certificates and sends only the exceptions to a person.

For a policy the contractor bought through 1099Policy, the policy record is attached to the engagement, and status changes such as a cancellation or an expiration are reported by webhook. Procurement does not need to ask for a new certificate to learn that coverage has ended.

01 // Certificate the contractor brings
Named insured matches the contractor[ CHECKED ]
Dates and limits meet the schedule[ MATCH ]
Accepted for the engagement[ ACCEPTED ]
02 // Policy bought through 1099Policy
Policy record attached to the engagement[ LINKED ]
Status changes reported by webhook[ WATCHED ]
Accepted for the engagement[ ACCEPTED ]
Either kind meets the SOW.
The SOW sets the standard. The contractor can meet it with a policy they already hold or with one they buy for this engagement.
Step 4

Accept a per-engagement policy or an annual one.

What matters to procurement is that the policy dates cover the engagement. Contractors with short or occasional engagements often do not carry annual policies, and asking for one can rule them out.

  1. Per-engagement policy
    Priced to the work, the state where it is performed and the contractor's pay for the engagement, and in force for the length of the engagement. Suits short assignments and contractors who do not otherwise carry coverage.
  2. Annual policy
    Suits contractors with a steady volume of engagements who already hold their own coverage. Check that the policy period covers the whole engagement, and ask for a renewed certificate when it does not.
  3. A lapse during the engagement
    Say in the SOW that work pauses until coverage is restored. A policy the contractor bought through 1099Policy reports the lapse by webhook, so the pause does not depend on someone noticing an expired certificate.
Step 5

Use clause language that keeps insurance separate from classification.

The sample below is a starting point for your counsel. It makes coverage a condition of the engagement, sets the proof standard and the lapse rule, and lets the contractor meet the requirement with coverage they already have.

Leave classification out of the insurance clause. Requiring coverage is an insurance control, and in New Jersey, from October 1, 2026, required coverage is not evidence of independent contractor status under N.J.A.C. 12:11-1.5(g). Offering a designated provider as an option, while accepting any coverage that meets the schedule, keeps the choice with the contractor.

This language is an example, not legal advice. Review it with counsel before use.

How platforms write the same requirement →
Insurance. Contractor shall maintain, at Contractor's expense and in Contractor's own name, the insurance listed in Schedule B for the category of Services in this SOW, in effect for the full term of this SOW.

Before starting the Services, Contractor shall provide a certificate of insurance or verified policy information naming [Company] as certificate holder and, where Schedule B requires it, as additional insured.

If required coverage lapses, Contractor shall not perform Services until coverage is restored.

[Company] may offer Contractor the option to obtain coverage through a provider it designates. Contractor may instead provide any coverage that meets Schedule B.
FAQ

Questions procurement teams ask.

Match the lines to the work. Workers' compensation where the contractor's own injury is a realistic loss, general liability for work on your premises or a client's, professional liability for advice and deliverables, media liability for published content, and cyber liability for access to systems or data.

Ask your risk team for a schedule by category of work that is separate from the vendor master agreement. Limits sized for vendor companies are often more than an individual contractor carries, and a requirement that cannot be met tends to be waived.

A certificate shows the policy on the day it was produced and does not change the policy. Check the named insured, dates, limits, certificate holder and additional-insured fields against your schedule. For policies contractors buy through 1099Policy, status changes are reported by webhook, so a cancellation does not go unnoticed.

On general liability, where the contractor's work could lead to a claim against your company, many companies require it. Workers' compensation does not use additional insured; where your contracts require a waiver of subrogation, it can be added to the contractor's policy. Your risk team should decide which engagements need either.

Many companies offer a designated provider as an option and accept any coverage that meets the schedule. That keeps the choice with the contractor. Review the approach with counsel.

The SOW should say that work pauses until coverage is restored. For a policy the contractor bought through 1099Policy, the lapse is reported by webhook, so your system can act on it without waiting for someone to notice an expired certificate.

Treat insurance as its own control and keep classification language out of the clause. Classification turns on how the work is directed and paid under the applicable test. In New Jersey, from October 1, 2026, required coverage does not count as evidence of independence. Review classification with counsel.

Call to action section for 1099Policy

Write the requirement once, and let every engagement meet it on day one.

See how certificate review and per-engagement coverage work with the SOWs your team already issues.