Additional Insured Endorsements

Similar documents
Debbie Sines Crockett CHEFFY PASSIDOMO ATTORNEYS AT LAW Tampa & Naples, Florida

The Role of the Certificate

CONTRACTUAL RISK TRANSFER SPONSORED BY

INDEMNITY AGREEMENTS. Benefits and Pitfalls. Clayton Hill Arthur J. Gallagher Risk Management Services Inc.

TRENDS IN ADDITIONAL INSURED COVERAGE

James P. Bobotek, Partner, Pillsbury Winthrop Shaw Pittman, Washington, D.C.

Robert M. Currey & Associates, Inc.

RIMS DFW Chapter Luncheon 6/22/2011

Elements of Contractual Risk Transfer

INSURANCE PROVISIONS AND CASUALTY LOSSES

RISK TRANSFER PROVISIONS

Allocating Risk in Real Estate Leases: Contractual Indemnities, Additional Insured Endorsements and Waivers of Subrogation

Real Property Services Questions and Answers Posted to DASNY.org 2/21/19

INSURANCE AND INDEMNIFICATION WHAT YOU DON T KNOW CAN COST YOU

Tuesday, March 17, 2015 Houston, TX. 10:30 11:45 a.m. BUILD YOUR HOUSE ON A SOLID FOUNDATION: BASIC CONTRACT DRAFTING FOR THE OIL FIELD

Allocating Risk in Real Estate Leases: Contractual Indemnities, Additional Insured Endorsements and Waivers of Subrogation

EXHIBIT G. Insurance Requirements. [with CCIP]

Design-Build Risk and Insurance Table of Contents

Liability Issues to Worry About. Indemnity Agreements and Additional Insured s Coverage

ADDENDUM A. Subcontractor Insurance Requirements

INSURANCE AND INDEMNIFICATION MANUAL. Supplement to Policy 560 i

L O S S C O N T R O L

Presentation to Association of Corporate Counsel Arizona Chapter

General Contract Comments The contract s Insurance Requirements should include the following terms or similar wording: It is understood and agreed tha

UM Insurance Language Guide

Contractor s Insurance Requirements

ACC Nonprofit Organizations Committee

Coverage for Contractual Risk Transfer and Additional Insured Issues. Jeffrey J. Vita and Edwin L. Doernberger Saxe, Doernberger & Vita, P.C.

Navigating the Named Insured Conundrum

KEEPING INSURANCE REQUIREMENTS UP TO DATE

Contract Information Understanding Indemnification Agreements by Jeffrey W. Cavignac, CPCU, ARM, RPLU, CRIS, Cavignac & Associates

Developing Contract-Dependent CGL Coverages For Named And Additional Insureds: Claim Handling Consequences And Managing Policyholder Expectations

Certificates of Insurance Contractual Liability and Additional Insured Issues

AIA Document A101 TM 2017 Exhibit A

OREGON STATE UNIVERSITY

5.0 TERREBONNE PARISH CONSOLIDATED GOVERNMENT, DEFINED.

FACILITY USE AGREEMENT FOR UNIVERSITY OF CINCINNATI S NOVEL DEVICES LABORATORY

Indemnification Agreements

JACKSONVILLE AVIATION AUTHORITY REQUEST FOR QUOTATION NUMBER: HIGH POWER LINE REPAIR SERVICES

Indemnification Clause Negotiations. February 1, 2016

PROFESSIONAL SERVICES and NON-CONSTRUCTION CONRACTS

I SIGNED THAT? SCARY STORIES & SOLUTIONS

City of Mesquite Insurance Requirements For Contracts / Vendors

Insurance Coverage Essentials: Fundamental Strategies for Reading & Interpreting General & Professional Liability Insurance

PROPOSAL LIQUID CALCIUM CHLORIDE

CONTRACT INSURANCE AND INDEMNIFICATION

TRENTON AGRI PRODUCTS LLC INSURANCE & INDEMNIFICATION TERMS & CONDITIONS

Understanding the Texas Anti-Indemnity Act

for Landlords and Tenants Negotiating Insurance, Indemnity and Mutual Waiver of Subrogation Provisions

Construction Builder's Risk and CGL Insurance: Scope of Coverage, Covered Losses, Exclusions, AI Endorsements

ADM.21 INSURANCE AND INDEMNITY REQUIREMENTS FOR CONTRACTS

Coverage for Contractual Risk Transfer and Additional Insured Issues

Five Maddening Phrases That Can Cost You in Construction Contracts

ARIZONA STATE UNIVERSITY STANDARD FORM AGREEMENT BETWEEN OWNER AND DESIGN PROFESSIONAL (ANNUAL REQUEST FOR QUALIFICATIONS EDITION)

The 2004 ISO Additional Insured Endorsement Revisions Jack P. Gibson, CPCU, CLU, ARM 1 W. Jeffrey Woodward, CPCU 2

RISK TRANSFER THROUGH CONTRACTING. Amy Larson, Licensed Attorney Risk and Litigation Manager City of Bloomington, Minnesota August 15, 2018

Commercial Casualty ISO Changes

INSURANCE REQUIREMENTS Chicago Department of Aviation Certified Service Provider Program ( CSPP )

2010 INSURANCE MANUAL

ALL PROOFS OF INSURANCE NAMING COUNTY AS ADDITIONAL INSURED MUST BE RECEIVED PRIOR TO COMMENCEMENT OF WORK

Required Insurance Language for PRF Construction Contracts

STRUCTURAL ENGINEERS ASSOCIATION OF ARIZONA. Gail S. Kelley, P.E., Esq., LEED AP June 3, 2017

AGREEMENT BETWEEN THE VENTURA COUNTY TRANSPORTATION COMMISSION AND Conrad LLP FOR PROFESSIONAL SERVICES

Mitigating some of the risks associated with construction, ownership & leasing of property In House Counsel Conference

ACCENTURE LLP PURCHASE ORDER TERMS AND CONDITIONS

MINIMUM INSURANCE REQUIREMENTS FOR CLOSING OF VHDA CONSTRUCTION FINANCING

Section I - Coverage Form Changes

Selected Insurance Issues in Commercial Real Estate Transactions Understanding the Nuances

ADDENDUM #2. Due back on 10/24/18, no later than 11:00 A.M.

Indemnifica*on in Healthcare Contracts: Concepts, Coverage and Clauses

CITY OF NAPERVILLE: SERVICES TERMS AND CONDITIONS

Construction Contracts Insurance Coverage Aspects October 18, 2005

Revisiting the Texas Anti- Indemnity Act

PROPOSAL CAR, TRUCK, AND HEAVY EQUIPMENT TIRES

Contractual Indemnity Provisions & Additional Insureds Liability

NEW VENDOR INFORMATION

And the CHAOS Continues: The Evolving World of Contracts, Hold Harmless, Additional Insureds & Other Stuff

Contractual Risk Transfer in Construction Contracts

INVITATION TO BID (ITB)

2018 Risk Transfer Update Part 1

INDEMNIFICATION AND INSURANCE AGREEMENT BY AND BETWEEN COUNTY of CONTRA COSTA AND RENEW FINANCIAL GROUP LLC

Performance CONTRACTORS, INC. HAULING TERMS AND CONDITIONS

LATITUDE ENGINEERING - GENERAL TERMS OF SALE

Greater Dayton Regional Transit Authority 4 S. Main Street Dayton, OH 45402

HOLD HARMLESS (INDEMNITY) AGREEMENT

INDEMNITY AGREEMENT THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS COUNTY OF NUECES

SCHOOL DISTRICT CONTRACTS PITFALLS AND OPPORTUITIES

Structuring Construction Contract Insurance, Indemnification and Limitations on Liability Clauses

DESIGN PROFESSIONAL SERVICES (Type) MASTER CONTRACT CONTRACT NO.

Agreement for Advisors Providing Services to Interactive Brokers Customers

CERTIFICATE OF LIABILITY INSURANCE

STANDARD TERMS AND CONDITIONS FOR THE SALE OF GOODS ALL MARKETS EXCEPT OIL AND GAS

2013 Changes in the Commercial General Liability Program

Construction Risk Management: Key Issues in Risk Transfer for Owners and Developers

PROCUREMENT DEPARTMENT 4 WORLD TRADE CENTER 150 GREENWICH STREET, 21 ST FL. NEW YORK, NY ADDENDUM # 1

SAMPLE FORM - FOR INFORMATIONAL PURPOSES ONLY - DO NOT USE WITHOUT REVIEW BY CONTRACTOR S PERSONAL LEGAL COUNSEL (TEXAS CONTRACTOR S VERSION)

Operator Information & Certification Packet

AIA Document A101 TM 2017 Exhibit A

UNIVERSITY OF ARIZONA - STANDARD FORM AGREEMENT BETWEEN OWNER AND DESIGN PROFESSIONAL (ANNUAL REQUEST FOR QUALIFICATIONS EDITION)

SUBCONTRACTOR PREQUALIFICATION FORM

Transcription:

Additional Insured Endorsements The topic of additional insured status is a difficult one at best. Many misconceptions result when adding contracting parties to one another s insurance policies as additional insureds. There is also the tug-of-war between insurers and indemnitors that want to limit the scope of additional insured coverage under their policies and the indemnitees who want to maximize coverage under the policies of the indemnitors. Added to this, the interaction of additional insured status with indemnity clauses, insurance requirements, and other contract provisions is unique and complex. This session will examine the reasons for requiring, methods of achieving, and problems associated with additional insured status under various policies. Copyright 2016 International Risk Management Institute, Inc. 1 www.irmi.com

Notes This file is set up for duplexed printing. Therefore, there are pages that are intentionally left blank. If you print this file, we suggest that you set your printer to duplex. 2

Additional Insured Endorsements WHY MUST THEY TORTURE ME? How One Little Piece of Paper Changed an Industry 2 3

E&O The ultimate additional insured endorsement 3 What Is(n t) A Certificate Of Insurance? Informational snapshot only Cannot modify a policy Is not a contract (or is it?) 4 4

Three Types Of Certificate Desires I have a dream Here s what I ll settle for Deal-breaker 5 Four Types Of Certificate Requests Uninsurable Any Acts, errors, omissions Any and all liabilities Claims, costs, expenses, liabilities, penalties, fines Primary and Non-contributory What does non-contributory mean? Non-CGL policies Equivalent or comparable 6 5

Four Types Of Certificate Requests Illegal Non-existent coverage Withdrawn endorsements Transfer of sole negligence Certificate modifications Striking through / amending language / disclaimers ACORD copyright violation Statute, regulation or DOI directive violation 7 Four Types Of Certificate Requests Inappropriate Cancellation notice No longer provided Endeavor to was a pipe dream Non-ACORD Certificates Usually require company approval Improper request or copyright infringement 8 6

Four Types Of Certificate Requests Inappropriate Comprehensive General Liability Comprehensive Automobile Liability Agent attestation ( in the opinion of the agent, the policy contains the required insurance coverages/indemnifications required by the contract with the insured ) 9 Four Types Of Certificate Requests Impractical Unavailable or expensive Completed operations, EIFS, pollution, subsidence, mold, etc. No time to search market before certificate is due 10 7

Weird Requests Ongoing operations XYZ Corporation and its officers, directors, partners, members, and employees coverage to continue for (5) (10) years x, c and u exclusions removed Blanket contractual liability Broad form property damage 11 Other Issues Certificate limit v. policy limit Impaired aggregates Deductibles and SIRs Defense within limits Known loss or damage Umbrella and excess policies Copyright issues Carrier agreements Your authority extends to issuance of standard, unaltered Certificates of Insurance (ACORD 24 or 25) 12 8

Use The Proper Form ACORD Certificates 20 Certificate of Aviation Liability Insurance 21 Certificate of Aircraft Insurance 22 Intermodal Interchange Certificate of Insurance 23 Vehicle or Equipment Certificate of Insurance 24 Certificate of Property Insurance 25 Certificate of Liability Insurance 27 Evidence of Property Insurance 28 Evidence of Commercial Property Insurance 29 Evidence of Flood Insurance 30 Certificate of Garage Insurance 31 Certificate of Marine/Energy Insurance 13 What You Should (and Should Not) Do DO provide a disclaimer to the insured and certificateholder DO NOT exceed your legal or contractual authority DO work with the insured s attorney or minimize contract review DO NOT modify an ACORD certificate DO proof-read all certificates and perform periodic audits DO establish a procedure for handling certificates DO always send the entire certificate (both pages) DO be judicious with the big white box the FIG indicates you should put any exclusion endorsement or special policy condition 14 9

What You Should (and Should Not) Do DO send copies of certificates to all insurers/mgas/wholesalers DO use the correct form DO NOT use proprietary or non-acord forms without company approval DO NOT certify coverages that don t exist DO NOT indicate limits on a certificate that satisfy the request when actual policy limits are higher DO NOT sign any certification or attestation without management approval 15 10

Additional Insured Changes 16 2013 Changes 24 revised forms Many changes are due to state anti-indemnity statutes Coverage for AI is only to the extent provided by law Coverage for the AI cannot be more broad than that provided to the Named Insured New forms CG 20 01 Primary and Non-Contributory Other Insurance Endorsement Requires AI to be an NI on other available insurance Written contract must state that our insured s policy be primary and not seek contribution from other insurance of the AI CG 20 38 Additional Insured Owners, Lessees or Contractors Automatic Status for Other Parties When Required in Written Construction Contract Agreement 17 11

2013 Changes 18 2013 Changes 45 states have anti-indemnification statutes that restrict, modify, or invalidate indemnification agreements in construction and other contracts These statutes frequently prohibit the transfer of an indemnitee s sole (or concurrent) negligence through an indemnification agreement ISO may be attempting to genericize the endorsement to conform to the various state laws without the need to create state-specific endorsements The ultimate impact of this change will remain unknown until ISO issues clarification or there are judicial decisions 19 12

2013 Changes 20 2013 Changes 21 13

Other Issues Contractual Liability 22 Blanket Additional Insured Endorsements The use of blanket AI endorsements restricts the ability to provide notice of cancellation. When blanket endorsements are used, the insurer does not have a list of additional insureds or addresses. They are not aware of additional insureds' identities until a claim is made. Obviously insurers can't provide notice of cancellation to unidentified parties. 23 14

Blanket Additional Insured Endorsements 24 Resources Statutes and Regulation www.iiaba.net/vu/nonmember/wilsoncertlawsregs.htm Court Cases www.iiaba.net/vu/nonmember/wilsoncertcourtcases.htm 25 15

Notes This file is set up for duplexed printing. Therefore, there are pages that are intentionally left blank. If you print this file, we suggest that you set your printer to duplex. 16