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Practical guide · Professions and contracts

A client requests an indemnity clause: does professional liability follow it?

A new client's agreement requires insurance and adds a lengthy indemnity clause. Supplying a professional liability certificate does not, by itself, explain how the policy addresses every commitment in that agreement.

By RMACHADO GROUP · · 2 min read

THE ESSENTIALS

Before you start

  • Separate the duty to hold insurance from indemnity commitments.
  • Send the full clause and service context.
  • Compare documented answers before signing.

Two different documents

Portugal's gov.pt guide describes professional responsibility in terms of losses, damage, errors or omissions connected with breaches of professional duties and refers to activity-specific regimes. Read insurance scope in the agreed terms and applicable law.

Do not treat «the provider holds insurance» as an explanation of every responsibility in the client's agreement.

Sources: Diário da República — Regime Jurídico do Contrato de Seguro, artigos 37.º e 137.º–138.º ↗ · gov.pt — Seguros de Responsabilidade Civil Profissional em Portugal, atualizado em 11/05/2026 ↗

Identify commitments needing review

Highlight indemnities, promised outcomes, delay penalties, commitments concerning external providers and territorial requirements. Add the service description and the entity providing it. This is an editorial reading list, rather than a decision on a clause's validity or insurability.

Fictional example: a consultant delivers a project and the client wants them to bear any future loss, without a stated limit in the clause. Before saying insurance covers it, send the complete text for review of the commitment and insurance contract.

Avoid replacing the clause with «the client wants full cover». That removes the words requiring assessment.

Keep answers before deciding

Ask the review to identify what the proposal or policy provides for the described service and what remains unresolved. Record the respondent, date and document version. Obtain legal assistance for negotiating changes to the service agreement.

Any insurance amendment should be confirmed in documents; sending a request does not establish acceptance. RMACHADO can help organise comparison within insurance mediation, without determining the legal wording of the client's agreement.

If a claim already exists, follow the applicable reporting process. Preparing new agreements does not replace handling a current claim.

KEEP THESE QUESTIONS

Your checklist for the next conversation

  • Gather the service agreement and complete policy.
  • Highlight indemnities, outcomes, penalties and territory.
  • Supply the full wording and service description for review.
  • Keep explanations and confirm any accepted changes.

FROM THE ARTICLE TO YOUR SITUATION

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Sources and transparency

Content updated on .

Consultation dates are stated in individual references when available.

Numerical examples are fictional and explain concepts. Editorial interpretations are identified in the text.

Information from RMACHADO GROUP. This is not an insurance offer or individual advice. Covers, acceptance, exclusions, sums insured and costs depend on the policy. The intermediary does not underwrite the risks.