Additional Insureds and State Supreme Court Certificate of Insurance Decision

[InsCommentary]

Here are two of my blog posts this week, the first an important certificate of insurance court decision and the other about 3 very important new ISO additional insured related endorsements if you insure contractors.

A Certificate of Insurance Supreme Court Decision You MUST Read TODAY | Insurance Commentary with Bill Wilson

3 Fantastic New ISO Construction Industry CGL Endorsements | Insurance Commentary with Bill Wilson

 

[AZDave]

Good Info here, BW. Not the ruling Agents want to see.

I wonder if prequalifying the AI language would have mattered? What if in the description box, the Agent put, "T-Mobile USA is included as additional insured for written agreement per attached form xyz" . ? - a very common statement made in description boxes.

I doubt Selective will back their Agent on this, and will quickly turn to the Agent's E&O for payment.

 

[InsCommentary]

I think it’s a good idea to include the AI endorsement because so many of them don’t comply with many contracts and giving the AI a copy of the endorsement puts the onus on the AI to read it.

 

[URDRWHO]

I agree with the one dissenting judge.

I put very minimal language in the #25 but I put a bit more on the #101. On the #101 I'll write language like that at the end of this post. I include all pertinent copies of the policy. I do mostly construction business and far too many times I am sent a a request to write the COI as it is written on the copy the GA sent to me. Hm? I don't do it that way and I let them know it. Ninety nine percent of the time they accept how I write the COI. One time it got so bad I sent the entire CGL and BAP policy copies, which were a lot of pages. A call to the PM of the GA, he talked to the owner and that put an end to the situation.

I've seen requests for AI status for all stockholders (not giving a name but think of a big chocolate factory). They did kindly pen that out of the contract but only after I had communications with their attorney. My request to the attorney was this - because it is an important matter and a concern in fulfilling any future insurance situations I need all the names and addresses of said stockholders. The letter was more wordy and longer but it did end the "all stockholders" request. One or two more times I've seen the request from other companies.

Twenty years ago it was much easier and then along came the big risk transfer culture. That old TV show Hogans Hero's had sergeant Schultz who would say "I know nothing" but today it would be "I assume no risk."

Example of what I may write on the #101 differ because form names may differ (Mutual or Stock) but I always send the copies. Good or bad they get the info to read it and I always believe I have a short, small leg to stand on believing that if they do read the information it is to their peril.

Oh and BTW I don't check mark the additional insur box on the #25.

<<General liability information about Additional Insured on a primary and noncontributory basis See Endorsement package {2019}-.pdf {LUM-145 02 06}.

Waiver of subrogation CGL - See Endorsement package {2019}-.pdf {LUM-145 02 06}.

Waiver of subrogation Workers Compensation - See Endorsement package {2019}-.pdf {WC O0 O3 13}

Umbrella policy and Additional Insured - See Endorsement package {2019}-.pdf. {CU 00 01 04 13 of 18}

The contract language will take precedence concerning any of the aforementioned terms.>>