Liability insurance · NO-FAULT COMPENSATION FOR CLINICAL TRIALS / VOLUNTEER STUDIES

Clinical Trials Liability Insurance

Covers bodily harm to a subject from clinical trials or volunteer studies by sponsors, CROs and IRBs on a no-fault basis. A standard wording compliant with KGCP, ICH-GCP and MFDS guidelines.

Clinical Trials Liability Insurance

From a licensed insurance broker

N2N Insurance Brokerage does not represent any single insurer — it independently represents the client as an FSS-registered broker (Reg. No. 2026-012201). We compare the wordings, rates and service of AIG · Chubb · DB · Hyundai · KB · Meritz to propose the cover and price best suited to your risk. Each insurer's full wording is provided at application and binding.

Overview

Clinical trials liability insurance is no-fault cover that compensates bodily harm to a subject during a trial or volunteer study run by a sponsor, CRO (contract research organisation) or IRB (institutional review board), regardless of whether the investigator was at fault.

Under the MFDS's KGCP (Korean Good Clinical Practice) and ICH-GCP, cover is effectively required to run a trial, and the informed-consent form states that this insurance is in place. For multinational trials, simultaneous country-by-country cover is available through the Chubb Global Network.

Key features

  • 01
    No-fault principle

    Compensates subject bodily harm regardless of sponsor, CRO or IRB fault.

  • 02
    KGCP/ICH-GCP compliant

    A wording compliant with MFDS guidelines and global standards.

  • 03
    Phase 1–4 combined

    Combined cover for Phase 1–4 trials plus volunteer studies.

  • 04
    Chubb Global Network

    Simultaneous cover for multi-country trials — managing country wordings together.

Who needs it

  • 01
    Pharma & biotech sponsors

    Pharma and biotech companies commissioning or sponsoring trials.

  • 02
    CRO·SMO

    Contract research organisations and site-management organisations.

  • 03
    IRBs & trial sites

    Institutional review boards and conducting institutions.

  • 04
    Volunteer-study institutions

    Human volunteer studies in health screening, exercise, nutrition, etc.

Worked examples — cover scenarios & claim illustrations

Scenario 01

Multi-country trial (Phase 3, 5 countries, 1,200 subjects)

LimitUSD 250K per subject / USD 5M per trial
Key endorsementsMulti-country simultaneous cover + follow-up compensation
Premium: Confirmed after the insurer's underwriting
If a serious adverse event (SAE) occurs in a subject after dosing, or permanent disability is confirmed during follow-up, then alongside multi-country IRB and regulator reporting, compensation and treatment-cost liability to the subject arises. Within the limits of the clinical trials liability wording and the multi-country simultaneous-cover / follow-up-compensation endorsement, treatment costs, consolation money and defence costs are covered. (standard insurance-textbook scenario)
Scenario 02

Domestic single-site Phase 2 (60 subjects)

LimitKRW 100m per subject / KRW 500m per trial
Key endorsementsKGCP standard wording
Premium: Confirmed after the insurer's underwriting
Scenario 03

Healthy-volunteer study

LimitKRW 50m per subject / KRW 200m per study
Key endorsementsVolunteer-study endorsement
Premium: Confirmed after the insurer's underwriting

※ The above are general design examples; actual premium and limits may differ according to the risk profile of the business, past claims history and the insurer's assessment.

⚠️ The cover scenarios on this page are examples of typical operations; actual premium, limits and acceptance depend on the risk profile of the business, past claims history and the insurer's assessment. An exact quote is provided on request.

Main losses covered

  • Bodily injury to a subject during a trial or volunteer study
  • Treatment costs, permanent-disability compensation and death-condolence payments
  • Combined cover for sponsor, CRO and IRB liability
  • Combining country wordings for a multi-country trial
  • Medical-assessment costs when an incident occurs

Endorsements (additional cover)

  • Endorsement with limits differentiated by Phase 1–4
  • Healthy-volunteer study endorsement
  • Compensation Guidelines agreement (per sponsor)
  • Fast-Track advance medical-cost endorsement
  • Multi-country trial combination endorsement

Losses not covered (main exclusions)

  • Acts breaching the trial protocol
  • A subject's clear breach of prior consent
  • Natural progression of a pre-existing condition
  • War, terrorism and nuclear risk
  • Crime, self-harm and suicide attempts

Conditions & process

Policy periodThe trial period or 1 year, renewable
PaymentSingle payment
InsurersChubb (dedicated Life Sciences team) · AIG
ChannelIndividual consultation with our broker
Turnaround7–14 business days after protocol review

What we need to quote

  • Trial protocol and IRB approval
  • Phase, number of subjects, duration and countries
  • Sponsor, CRO and conducting-institution details
  • Trial-incident history over the past 5 years
  • MFDS or overseas-regulator approval status

Other notes

  • The informed-consent form (IC) must state that insurance is in place
  • Sites complying with KGCP, ICH-GCP and the Declaration of Helsinki are underwritten preferentially
  • On a protocol change, the limit and period must be reviewed

Withdrawal / quality assurance / pre-contract disclosure

  • The application may be withdrawn within 15 days of receiving the policy (excluding professional financial consumers)
  • Cancellable within 3 months for breach of the duty to explain material matters or a missing handwritten signature
  • Breach of the duty of disclosure may lead to cancellation or reduction of the claim
Depositor-protected product

Points to note

Please check the basics of the policy when you apply.

  • When applying for the policy, please confirm the product name, policy period, premium-payment period and the insured , and be sure to receive and check the policy wording.
  • Before concluding the contract, please read the product description and policy wording.
  • If you cancel an existing policy to take out a new one, acceptance may be declined, the premium may rise and the cover may differ — please take note.
  • Payment of the claim may be restricted by exclusions and payment-limitation grounds.

Nullity of the contract

If the insured event has already occurred at the time the contract is made, the contract is void. However, where the contract is void due to the company's intent or negligence, or where the company knew or could have known of the nullity before acceptance yet did not refund the premium, the company refunds the premium with interest at the policy-loan rate published by the Korea Insurance Development Institute, compounded annually, for the period from the day after payment to the day of refund.

Losses not covered

The specific losses not covered (exclusions) are set out in each insurer's policy wording and product description; on this page, see the “Cover” tab(or the “Losses not covered” section) for the main exclusions. For other cover-specific grounds on which claims are not paid, please refer to the policy wording.

Cover start date

The company provides cover, in accordance with the policy, from the time it accepts the application and receives the first premium. Where the company accepts the application after receiving the first premium with it, cover also begins from the time the first premium was received.

Policyholder's handwritten signature

The application must be completed by the policyholder, and the policyholder and the insured must sign it by hand. Failure to sign by hand may result in disadvantages regarding the validity of the contract. On an internet cyber-mall, an electronic signature may be used instead.

Right to be informed and have the product explained

The policyholder has the right to be given and have explained the information needed about the product they wish to buy.

Duty to explain

The insurer and N2N Insurance Brokerage must explain the important matters of the product to ordinary financial consumers.

Duty of disclosure before the contract

When applying, the policyholder, the insured or their agent must disclose truthfully the facts they know regarding the questions in the application (including the questionnaire). Otherwise the claim may be declined or the contract cancelled. Where insurance is taken out by telephone or other means of communication, the duty is performed by answering the seller's questions, which are recorded, without a separate written questionnaire, so answers must be given with particular care.

Duty of disclosure after the contract

If, after the contract is made, any of the following arises in respect of the subject-matter insured, the policyholder or the insured must notify the company in writing without delay and obtain endorsement on the policy.

  • When intending to take out, or learning of, a contract with another insurer covering the same risk as this contract
  • When transferring the subject-matter insured
  • When altering, rebuilding or extending the subject-matter insured or the building housing it
  • When moving the subject-matter insured to another location
  • When the risk is, or is found to have been, materially changed

Withdrawal of the application

  • The policyholder may withdraw the application within 15 daysof receiving the policy, in which case the premium paid is refunded. However, a contract more than 30 days after application (45 days where a policyholder aged 65+ contracted by telephone) cannot be withdrawn.
  • In addition, a medical-examination contract, a contract with a cover period of 90 days or less, guarantee insurance, statutory compulsory insurance, liability insurance under the Automobile Accident Compensation Act, or a commercial-insurance contract concluded by a professional financial consumer cannot be withdrawn.

Quality-assurance scheme

  • If, after application, the policyholder did not receive the policy wording and their copy of the application, was not given an explanation of the important contents of the wording, or did not sign the application by hand, they may cancel the contract within 3 monthsof the contract being formed.
  • In that case the premium already paid is refunded to the policyholder, with interest at the policy-loan rate compounded annually for the period the premium was held.

Why the surrender value may be less than the premiums paid, or nil

The surrender value is the amount paid if the contract is cancelled early. Unlike bank savings, insurance combines risk protection and savings: part of the premium is paid out as claims to other policyholders who suffer accidents, and part covers the insurer's operating expenses, so the surrender value on early cancellation may be less than the premiums paid, or nil.

Depositor protection

  • This policy is protected under the Depositor Protection Act, such that the surrender value (or the maturity benefit) plus other payments is protected up to “KRW 100 million per person” (aggregated with the insurer's other protected products).
  • Separately, the aggregate accident-claim amount of that insurer's protected products is “KRW 100 million per person” protected.
  • (However, a policy whose policyholder and premium payer is a corporation is not protected.)

Tax benefit (protection-type insurance)

Under Article 59-4(1) of the Income Tax Act (special tax credit), for protection-type insurance taken out by an employee only, a tax credit of 12% of the premium paid (capped at KRW 1 million per year) is available. Tax matters may change with amendment or repeal of the relevant tax law.

Personal-data protection

Except as provided by law, the insurer and N2N Insurance Brokerage do not collect, use, inspect or provide personal data related to this contract — for its conclusion, maintenance and claim payment — without the consent of the policyholder, the insured or the beneficiary. However, for those purposes the insurer may, with the consent of the policyholder and the insured and in accordance with law, provide personal data to other insurers and insurance-related bodies.

Solicitation-order and reporting centre

  • Providing special benefits in connection with concluding an insurance contract is punishable under the Insurance Business Act.
  • Financial Supervisory Service: 1332 (no area code) / mobile (02)1332 / “Report a solicitation-order violation” at http://fss.or.kr
  • General Insurance Association of Korea: 1332 (no area code) / mobile (02)1332 / “Solicitation-order Violation Report Centre” at http://knia.or.kr

FSS Insurance Fraud Prevention Centre

  • Insurance crime, under Article 8 of the Special Act on the Prevention of Insurance Fraud, is punishable by up to 10 years' imprisonment or a fine of up to KRW 50 million, and abetting insurance crime is subject to the same punishment.
  • Tel: 1332 (no area code) / mobile (02)1332 / Web: http://insucop.fss.or.kr or “Insurance Fraud Prevention Centre” at http://fss.or.kr

Insurance consultation and dispute mediation

  • For consultation or any complaint or dispute about insurance, contact the insurer's customer call centre for prompt handling. If you object to the outcome, you may apply for dispute mediation to the Financial Supervisory Service and the Korea Consumer Agency.
  • FSS Financial Consumer Protection Centre: 1332 (no area code) / http://fss.or.kr
  • Korea Consumer Agency Consumer Counselling Centre: 1372 (no area code) / http://www.kca.go.kr

Notice

The above is a summary and excerpt of the policy wording; for grounds on which claims are not paid and other details, please refer to the policy wording and product description.

About N2N Insurance Brokerage

  • N2N Insurance Brokerageis an insurance broker registered under Article 89 of the Insurance Business Act; it does not represent any single insurer but advises and intermediates on the side of the client (policyholder) (FSS Reg. No. 2026-012201 · Business Reg. No. 611-23-02374).
  • This site compares the wordings and rates of multiple insurers; application and acceptance follow each insurer's policy wording.

The trial stages where this liability cover is needed

Five pre-market trial categories — no-fault subject compensation applies

💊

Drug trials (Phase 1–3)

New-drug Phase 1 (safety), Phase 2 (efficacy) and Phase 3 (large-scale) trials. Proof of cover is effectively required at MFDS trial-plan approval.

🩺

Medical-device trials

Trials for device approval. An area where a separate compensation duty is imposed under the Medical Devices Act's trial standards.

🧬

In-vitro diagnostic (IVD) trials

IVD trials under the In-Vitro Diagnostic Medical Devices Act. The cover area for harm from test complications and misinterpretation of results.

🌐

Multinational global trials

Multi-country trials across the USA, EU and Asia. A territory-extension endorsement or a global umbrella wording is essential.

📊

Volunteer and observational studies

Post-market additional safety assessment (Phase 4), observational studies (real-world evidence), etc. Separate trigger conditions should be checked per wording.

A dispute pattern seen in the field

In a biotech sponsor's Phase 1 trial, a subject suffered an unexpected adverse reaction. No direct fault of the investigator was proven, but under KGCP and ICH-GCP the trial sponsor bears a no-fault duty to compensate harm with a recognised causal link to the trial. When the wording responds, compensation is assessed for medical costs, lost income and permanent disability, and — with a territory-extension endorsement for a global trial — US and EU sites are covered under the same wording structure. This case shows that the sponsor's review of the wording at application is key to incident response.

Source: (General industry example) · Commercial insurance from the field #upcoming

Read the full analysis — the Phase 1 adverse-event compensation process (in progress) →

Three things easily missed when buying clinical trials liability cover

The wording and structure points sponsors most often overlook

  • 1

    Differences between ICH-GCP and KGCP

    The two are more than 90% compatible, but there are operational differences in compensation procedure, required documents and notification timing. When applying ICH-GCP to global trials and KGCP to domestic ones, check that the wording satisfies both.

  • 2

    Territory cover for multinational trials

    The base wording covers only trials within Korea. US and EU trial sites require a separate territory-extension endorsement or a global umbrella wording, and because US trials in particular carry high litigation risk and compensation cost, reviewing the per-territory limit and exclusion structure in advance is key.

  • 3

    Distinguishing pre-market from post-market cover

    Clinical trials liability is limited to subject harm at the pre-market trial stage. Adverse effects in ordinary patients from a drug marketed after the trial fall under the Drug Adverse-Reaction Relief scheme or the broader No-Fault insurance area, so covering the whole lifecycle requires designing the two wordings together.

Frequently asked questions

The questions asked most when considering clinical trials liability cover

Is clinical trials liability insurance mandatory?

Under the Enforcement Rule of the Pharmaceutical Affairs Act and the MFDS's KGCP and device-trial standards, the trial sponsor bears a duty to compensate subject harm caused by the trial, and taking out insurance or an equivalent compensation arrangement is effectively essential. Proof of cover is required at MFDS trial-plan approval.

Among sponsor, CRO and IRB, who takes out the cover?

The primary party is usually the trial sponsor. A CRO may take its own wording through contractual liability-sharing, and an IRB may be separately covered for its review-and-approval responsibility. In multinational trials, it is usual for the global sponsor to design an umbrella wording covering all participating institutions.

What harm is covered?

The core scope is bodily harm to a subject during the trial (adverse reactions, complications, test complications, etc.). On the no-fault principle, cover is assessed once a causal link to the trial is shown, without proving investigator fault, and usually includes medical costs, lost income, permanent-disability and death compensation.

Are post-market adverse effects covered under clinical trials liability?

Clinical trials liability is limited to subject harm at the pre-market Cover is limited to subject harm at the trial stage. Adverse effects in ordinary patients from a marketed drug fall under the separate Drug Adverse-Reaction Relief programme or the broader No-Fault insurance wording area, and the boundary between the two is clearly drawn.

What are the ICH-GCP and KGCP standards?

ICH-GCP is the international clinical-trial standard agreed by major regulators in the USA, EU and Japan, while KGCP is the MFDS's good clinical practice. The two are more than 90% compatible; multinational trials run on ICH-GCP and domestic ones on KGCP. Wordings are usually structured to satisfy both.

How does territory cover work for multinational trials?

A Korean wording basically covers trials within Korea, and overseas trial sites such as the USA and EU need a separate territory-extension endorsement or a global umbrella wording. US trials in particular carry high litigation risk and compensation cost, so reviewing the per-territory limit and exclusion structure in advance is essential.

How is the premium calculated?

The insurer calculates it based on the trial phase (1–4), number of subjects, duration, whether the drug is new or established, territory, and past incident history. The exact premium and acceptance are confirmed after underwriting by insurers such as AIG, Chubb, DB, Hyundai, KB and Meritz.

Hanwook Seong, insurance broker

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n2nib.comis operated by N2N Insurance Brokerage (a registered insurance broker under Article 89 of the Insurance Business Act · FSS Reg. No. 2026-012201 · Business Reg. No. 611-23-02374). The wording, cover and exclusion information on this page is excerpted and summarised from insurers’ official product materials, and the exact scope and premium are confirmed after underwriting by member insurers AIG · Chubb · DB · Hyundai · KB · Meritz. Our brokerage fee is paid by the insurer and is not charged to the policyholder (Article 98 of the Insurance Business Act — prohibition of special benefits).