What is the difference between a soft and hard hammer clause?
Asked by: Rosa Becker | Last update: June 8, 2025Score: 4.5/5 (67 votes)
If you decide not to settle with a hard hammer clause, you're responsible for any additional legal fees and judgments above the cap your insurance company placed on the claim. If your insurance policy has a soft hammer clause, you and the insurance company share the risk of not agreeing to a settlement.
What is the difference between tools made with a soft hammer versus a hard hammer technique?
Soft hammers initiate a bending break in the toolstone. Soft hammer percussion typically results in a smaller bulb of percussion than hard hammer percussion. Soft hammer percussion often produces a small lip under the platform. The lip is easier to identify by touch than by sight.
What does the hammer clause mean?
A 'Hammer Clause' is an insurance policy provision which stipulates what happens when an insured does not consent to settle a claim, as recommended by their insurer.
What is a hard hammer exclusion?
In short, a hammer clause related to contractors insurance, is a exclusionary form added to your general liability policy to restrict or eliminate coverage because of the insurance of your sub-contractors. Sometimes the term Sub-Warranty is also used to describe the same thing.
What is the consent to settle with no hammer clause?
No Hammer Clause—Best Policy
The best insurance policies have no hammer clause. In this case, the insurer cannot settle the claim without the insured's consent. If the insured refuses to consent, then the insurer is responsible for future defense costs and settlement, subject to the policy limits of liability.
The Hammer Clause Explained
What is the hammer law?
This is a cognitive bias that represents the effect of over-reliance on a familiar tool. The examples of the law of the hammer can be met at any point in the design process where the designers tend to try to solve a problem using the same tool or sets of tools over and over again.
What is a silent consent clause?
A silent consent clause is a clause in a lease that prohibits assignments or subleases without the consent of the landlord, yet is silent as to the standard on which this could be done.
What is the difference between hard hammer and soft hammer insurance?
If you decide not to settle with a hard hammer clause, you're responsible for any additional legal fees and judgments above the cap your insurance company placed on the claim. If your insurance policy has a soft hammer clause, you and the insurance company share the risk of not agreeing to a settlement.
What is the hammer clause exclusion?
In the context of contractor insurance, a hammer clause refers to an exclusionary form added to your general liability policy. Its purpose is to restrict or eliminate coverage due to the insurance status of your subcontractors. Sometimes, the term “Sub-Warranty” is used interchangeably to describe the same concept.
What is the 80 20 settlement clause?
80/20 references the percentage split of risk between the insurer and the insured after the initial settlement offer. 80% of the cost falls on the insurer, and 20% falls on the insured. This hammer clause split is the most common version of the clause that we see.
What is the hammer clause under the EPLI carrier has the right to?
Some EPLI policies contain a provision that gives the carrier the right to recommend settlement. This is often referred to as the “hammer” clause. If the employer does not follow the recommendation, the carrier's liability is limited to the amount recommended.
What does the hammer mean in court?
You know that wooden hammer a judge slams down on his desk when he's trying to bring order to the court? That's a gavel. Judges aren't the only ones who use gavels. They are common in governments large and small, where they are used to bring order to the often unruly rooms where government happens.
What is a soft hammer used for?
A soft-faced hammer or mallet is a hammer designed to offer driving force without damaging surfaces. They also reduce the force transmitted back to the arm or hand of the user, by temporarily deforming more than a metal hammer would.
What is a flake scar?
Flake Scar. The flake scar is the concave surface left on a core after a flake has been removed from it. The flake scar will show the reverse image of the bulb of percussion on the flake, and will also exhibit ripples on occasion. The flake scar is equivalent to the hole left in the window pane from our last example.
What is soft hammer technique?
stone-tool construction
The second method was the soft-hammer, or baton, technique, based on a discovery of perhaps 500,000 years ago that hard rock (flint in particular) could be chipped by striking it with a softer material. The baton was a light “hammer,” an almost foot-long piece of bone, antler, or even wood,…
What is an example of a hammer clause?
Hammer Clause Example
For example, an individual is being sued for denting another person's car. Because of insurance policies, the insurer is obligated to defend the insured (the individual who dented the other car) in court.
Is a hammer clause good or bad?
The clauses lay to waste a claim by the insurance company that the insured is unreasonably withholding consent to settlement offers by the carrier. Any insured who has actually been told about the Hammer Clause is not going to withhold consent. The adverse consequences are simply far too harsh.
What is the exclusion clause rule?
A business may try to exclude or limit liability for things that might go wrong by including an exclusion or limitation of liability clause within a contract with another business. In certain cases, businesses will use an exclusion clause to allocate risk and work out who is responsible for insuring that risk.
What does a hammer clause stipulate?
A hammer clause is an insurance policy clause that allows an insurer to compel the insured to settle a claim. A hammer clause is also known as a blackmail clause, settlement cap provision, or consent to settlement provision.
What is the difference between a hard and soft insurance market?
A soft insurance market which means rates are flat or decreasing, and insurance coverages are readily available. By contrast, during hard market conditions rates are consistently rising, and coverage is more difficult to find.
What is the difference between a soft hammer and a mallet?
A mallet is normally made of plastic, rubber, or wood, with a larger, softer head that is intended to deliver blows that do not cause damage. A hammer, on the other hand, is perfect for tasks like driving nails into hard surfaces since it often has a smaller, harder metal head.
What is the no harassment clause?
The parties to this Agreement mutually agree that harassment of any nature is not to be tolerated. Every person working under this Agreement shall immediately notify the Employer and Union when possibility of a problem happens or exists.
What is the reasonable consent clause?
Unless otherwise provided in this Lease, whenever the consent or approval of Landlord or Tenant is required by the provisions of this Lease, such consent or approval shall not be unreasonably withheld or delayed.
Is silence legally consent?
Such an acceptance is not valid although it does have the legal status of a counteroffer. The general rule is that silence does not constitute acceptance. See McGlone v. Lacey, 288 F.