---
title: "Is product liability the same as insurance for an FDA-regulated clinical investigation?"
description: "Do not assume so. For an FDA-regulated investigation under an IND, identify the sponsor and your company’s role, then ask a specialist to compare study duties, participant events, and product allegations with the proposed forms."
canonical: "https://spot.insure/industries/therapeutics/is-product-liability-clinical-trial-coverage"
page-type: "industry-faq"
updated-at: "2026-09-28"
---

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# Is product liability the same as insurance for an FDA-regulated clinical investigation?

Do not assume so. For an FDA-regulated investigation under an IND, identify the sponsor and your company’s role, then ask a specialist to compare study duties, participant events, and product allegations with the proposed forms. [IND Applications for Clinical Investigations: Overview](https://www.fda.gov/drugs/investigational-new-drug-application-ind/ind-applications-clinical-investigations-overview)

Read the study protocol and agreement together. Mark who selects participants, performs procedures, monitors outcomes, handles records, and controls the product. [IND Applications for Clinical Investigations: Overview](https://www.fda.gov/drugs/investigational-new-drug-application-ind/ind-applications-clinical-investigations-overview), [IND Applications for Clinical Investigations: Clinical Protocols](https://www.fda.gov/drugs/investigational-new-drug-application-ind/ind-applications-clinical-investigations-clinical-protocols)

## Need Help Choosing Coverage?

Spot prepares your applications, coordinates with brokers, and helps you compare quotes so you can choose coverage with the key details in front of you.

[Book a Free Consultation](https://cal.com/team/spotinsure/insurance-consultation)

[Read the Therapeutics Insurance Buying Guide](https://spot.insure/industries/therapeutics)

## More Therapeutics Questions

- [What should I tell the broker before contract manufacturing begins?](https://spot.insure/industries/therapeutics/what-to-disclose-before-contract-manufacturing)

## Coverage to Discuss

- [Product liability](https://spot.insure/coverage/product-liability)
- [Professional errors and omissions (E&O)](https://spot.insure/coverage/professional-errors-omissions)
- [Cyber liability](https://spot.insure/coverage/cyber)
- [Commercial property](https://spot.insure/coverage/commercial-property)
- [Cargo and transit](https://spot.insure/coverage/cargo-transit)

## Sources and Further Reading

- [IND Applications for Clinical Investigations: Overview](https://www.fda.gov/drugs/investigational-new-drug-application-ind/ind-applications-clinical-investigations-overview) — U.S. Food and Drug Administration. Opening bullets defining IND use, clinical investigation, and sponsor
  Identify the study sponsor and product stage before describing the operation to a broker.
- [IND Applications for Clinical Investigations: Clinical Protocols](https://www.fda.gov/drugs/investigational-new-drug-application-ind/ind-applications-clinical-investigations-clinical-protocols) — U.S. Food and Drug Administration. Clinical protocol content on study design, patient selection, procedures, tests, and monitoring
  List the study activities, participants, procedures, and monitoring connected to your company’s role.
- [Cybersecurity](https://content.naic.org/cipr_topics/topic_cybersecurity.htm) — National Association of Insurance Commissioners, Center for Insurance Policy and Research. Cyber loss categories and customized-policy qualification
- [Cyber Insurance: Cybersecurity for Small Business](https://content.naic.org/sites/default/files/inline-files/cyber-insurance-naic.pdf) — National Association of Insurance Commissioners. First-party and third-party coverage sections; vendor-held data and defense wording prompts
  Compare first-party and third-party examples as prompts for your actual cyber wording.
- [Guidance on HIPAA & Cloud Computing](https://www.hhs.gov/hipaa/for-professionals/special-topics/health-information-technology/cloud-computing/index.html) — U.S. Department of Health and Human Services, Office for Civil Rights. Questions 1–3 on covered entities, business associates, and cloud services
- [Commercial Insurance Guide](https://www.insurance.ca.gov/01-consumers/105-type/95-guides/09-comm/commercialguide.cfm) — California Department of Insurance. Commercial property; inland marine; commercial general liability



Spot, a product of Tools for Enlightenment, publishes this guide and works in the commercial insurance market. This is general buyer education; policy terms and state-specific obligations determine coverage and requirements.

Updated 2026-09-28. [Editorial Policy](https://spot.insure/editorial-policy).

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