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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 tpoic will address several of the most common exclusions to coverage under CGL policies that affect named insureds and additional insureds alike.

Runtime: 88 minutes
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Why Lorman?

Over 31 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 Sub-Contractors

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 31 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

This course was last revised on July 12, 2018.

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

  • 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.
     
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 including Areas of Professional Practice 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 including Areas of Professional Practice 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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Why Lorman?

Over 31 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
  • J.D. degree, Northwestern University School of Law; B.A. degree, The Johns Hopkins University
  • 2017 Lorman Platinum Distinguished Faculty Member
  • Can be reached at 312-599-2806 or bhummel@hummellawgroup.com
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Why Lorman?

Over 31 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: 403541
Published 2018
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