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Additional Insureds: Coverage, Contracts, Endorsements and Certificates

Understand additional insured coverage and requirements, as well as the benefits and pitfalls.

Many parties to commercial transactions enter into contracts which contain indemnification and duty to procure insurance clauses. Although these clauses often provide overlapping protections for negligence and breaches of the insured contract, they are distinct, and parties must understand their differences to obtain optimum risk allocation. A common way to address indemnity and duty to procure insurance obligations is through the use of additional insured designations under commercial general liability and other insurance policies. Securing and documenting the required coverages, however, is a process fraught with risks and misunderstandings if certain best practices are not followed. This topic will explore best practices to mitigate the risks. In addition, the material will address best practices for asserting additional insured claims once a loss arises. Finally, the topic will address several of the most common exclusions to coverage under CGL policies that affect named insureds and additional insureds alike.

Runtime: 82 minutes
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Why Lorman?

Over 32 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Agenda

Contractual Risk Allocation Issues on Commercial Projects

  • An Overview of Common Risk Allocation Issues
  • Contractual Indemnification Clauses
  • Duty to Procure Insurance Clauses
  • The Interplay Between Indemnification and Duty to Procure Insurance Clauses
  • The Difference Between AI Coverage Under an Insured Contract and Coverage for the Named Insured's or Additional Insured's Own Negligence
  • Impact of State Anti-Indemnity Statutes on Indemnification and Duty to Procure Insurance Issues

Sources of Additional Insured Coverage

  • The CGL Policy: Basic Structure
  • Types of AI Endorsements: Blanket vs. ISO vs. Manuscript
    • Blanket CGL AI Endorsements
    • Standard CGL AI Endorsements
    • Nonstandard CGL AI Endorsements

Certificates of Insurance - Purposes and Limitations

  • Certificates Do Not Create Coverage; the Insurance Policy Does
  • The Requirements of the Underlying Contract Are Critical

Other Problematic Situations

  • Separation of Insureds: Coverage for the Additional Insured Where the Named Insured Is Excluded
  • Common CGL Exclusions Affecting Named Insureds and AIs:
    • CGL Forms for Owners and GCs That Limit Coverage for Actions of SubContractors

Best Practices for Asserting AI Claims

  • Types of Losses and Potential for Coverage
    • Injury Claims
    • Breach of Contract
    • Warranty Issues
  • Notice: Who Is to Give Notice, of What, and When?
    • Notice of Loss, Notice of Suit and Tender of Defense
    • Notice to Producers and Issues of Apparent Agency
    • How Late Is Too Late?
    • Is Prejudice Required?
  • Whether AI Is Entitled to a Defense
    • How Many Corners?
    • What Must an Insurer Consider in Evaluating a Tender of Defense?
    • The Reservation of Rights Letter and Conflict Issues/Choice of Defense
    • Conflict Waiver and Representation of Multiple Parties
  • Whether AI Is Entitled to Indemnity
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Why Lorman?

Over 32 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Credits

OnDemand Webinar

Applications have not yet been submitted for Delaware, Idaho, Kentucky, Ohio, Oklahoma, South Carolina, and Wyoming CLE for this course. However, if you are interested in obtaining CLE for any of the listed states or have any additional credit questions please email us at ondemandinfo@lorman.com or call us at 866-352-9540.

This course was last revised on January 10, 2019.

Call 1-866-352-9540 for further credit information.

  • AL CLE 1.4
     
  • This course or a portion thereof has been approved by the Alabama State Mandatory Continuing Legal Education Commission for a maximum of 1.4 hours credit.
     
  • CT CLE 1.0
     
  • Neither the Connecticut Judicial Branch nor the Commission on Minimum Continuing Legal Education approve or accredit CLE providers or activities. This course has been approved for CLE credit in jurisdictions aside from CT and therefore it automatically meets the content and delivery requirements in Connecticut. Credit is based on a 60 minute credit hour and shall be awarded as follows: 1.0 CLE credit(s).
     
  • HI CLE 1.25
     
  • This program was approved by the Hawaii State Board of Continuing Legal Education for 1.25 CLE credit hours.
     
  • IL CLE 1.25
     
  • This course was approved for a total of 1.25 hours of MCLE Credit by the Illinois MCLE Board.
     
  • ME CLE 1.0
     
  • This course has been approved by the State of Maine Board of Overseers of the Bar. Lawyers who complete this course shall receive 1.0 hours of CLE credit under M. Bar R. 12.
     
  • MS CLE 1.4
     
  • This program has been approved by the Mississippi Commission on Continuing Legal Education for a maximum of 1.4 credit hours.
     
  • MT CLE 1.5
     
  • This program has been approved by the Montana Commission of Continuing Legal Education for a total of 1.5 CLE credits.
     
  • ND CLE 1.25
     
  • North Dakota CLE policy does not allow for pre-approval of any self-study courses. This course may qualify for up to 1.25 hours of CLE credit.
     
  • NH MCLE 1.4
     
  • NH MCLE does not approve or accredit CLE activities for the NH Minimum CLE requirement. Lorman Education Services believes this course meets the requirement of NH Supreme Court Rule 53 and may qualify for CLE credit(s). Program Length: 80 Minutes.
     
  • NY CLE 1.5 including Areas of Professional Practice 1.5
     
  • This course has been approved in accordance with the requirements of the New York Continuing Legal Education Board for up to a maximum of 1.5 credit hours in the area(s) of Areas of Professional Practice for 1.50 hours. Each hour may be counted only as satisfying one category of credit. Duplicate credit for the same hour of instruction is not permitted. This course qualifies for both established and newly admitted attorneys. Lorman Business Center, Inc. has a financial hardship guideline. Please contact customer service at 1.866.352.9539 for instructions on how to apply.
     
  • PA CLE 1.0
     
  • This Distance Learning program has been approved by the Pennsylvania Continuing Legal Education Board for 1.0 hours of substantive law, practice and procedure CLE credit.
     
  • RI CLE 1.5
     
  • This program has been approved by the Rhode Island Mandatory Continuing Legal Education Commission for 1.5 hours of CLE credit.
     
  • TN CLE 1.35
     
  • This program has been approved as a distance learning format by the Tennessee Commission on Continuing Legal Education for a maximum of 1.35 hours of credit.
     
  • WA CLE 1.25
     
  • This program has been approved by the Washington State Board of Continuing Legal Education for 1.25 hours of A/V credit under the Law & Legal Procedure category.
     
  • WI CLE 1.5
     
  • This program has been approved by the Board of Bar Examiners for 1.5 hours for use toward the Wisconsin Mandatory CLE requirement.
     
The CLE Code is ONLY a requirement when applying for CLE Credit in New York. Other states do not need to supply the CLE Code to apply for CLE credit.

To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

Audio & Reference Manual

  • Arizona CLE 1.5
     
  • CA MCLE 1.5
     
  • CT CLE 1.5
     
  • GA CLE 1.5
     
  • HI CLE 1.5
     
  • IL CLE 1.5
     
  • ME CLE 1.5
     
  • MT CLE 1.5
     
  • NJ CLE 1.8
     
  • NV CLE 1.5
     
  • NY CLE 1.5
     
  • VT CLE 1.5
     
  • WA CLE 1.5
     
  • WV MCLE 1.8
     
The CLE Code is ONLY a requirement when applying for CLE Credit in California (for participatory credit), Kansas, New Jersey or New York. Other states do not need to supply the CLE Code to apply for CLE credit.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

MP3 Download

  • Arizona CLE 1.5
     
  • CA MCLE 1.5
     
  • CT CLE 1.5
     
  • HI CLE 1.5
     
  • IL CLE 1.5
     
  • ME CLE 1.5
     
  • MT CLE 1.5
     
  • NJ CLE 1.8
     
  • NV CLE 1.5
     
  • NY CLE 1.5
     
  • VT CLE 1.5
     
  • WA CLE 1.5
     
  • WV MCLE 1.8
     
The CLE Code is ONLY a requirement when applying for CLE Credit in California (for participatory credit), Kansas, New Jersey or New York. Other states do not need to supply the CLE Code to apply for CLE credit.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

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More Program Information

Why Lorman?

Over 32 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Faculty

Brandon G. Hummel

Brandon G. Hummel

Hummel Law Group

  • Founder and owner of Hummel Law Group and focuses his practice in commercial litigation, construction law, insurance coverage litigation and counseling (for policyholders), real estate law, and land use law
  • Experienced litigator representing all parties on construction projects with respect to enforcement and defense of mechanics lien and bond claims, enforcement and defense of construction defect and delay claims, assertion and defense of breach of contract claims, and resolution of insurance coverage disputes
  • Peer selected as a Leading Lawyer in commercial litigation, construction law, and real estate law by Law Bulletin Publishing in 2018 and an Emerging Lawyer by Law Bulletin in the same disciplines in 2015, 2016, and 2017
  • 2017 Lorman Platinum Distinguished Faculty Member
  • J.D. degree, Northwestern University School of Law; B.A. degree, The Johns Hopkins University
  • Can be reached at 312-599-2806 or bhummel@hummellawgroup.com
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Why Lorman?

Over 32 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

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Product ID: 404783
Published 2019
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