Additional Insured and Contractual Indemnity Coverage in Commercial and Construction Contracts

Reconciling Contractual Obligations With Policy Terms to Maximize Coverage

Recording of a 90-minute CLE webinar with Q&A


Conducted on Wednesday, August 7, 2013

Recorded event now available

or call 1-800-926-7926
Program Materials

This CLE webinar will provide insurance counsel with a review of key issues in additional insured (AI) coverage, the interrelationship between contractual indemnification and AI coverage, best practices to maximize AI coverage, and the use of AI and contractual indemnification in construction contracts.

Description

AI coverage is commonly used by parties in many types of business relationships to spread and transfer risk. The party seeking to be named as an AI should pursue the broadest form of coverage available.

Another party is often named as an AI under a liability policy in conjunction with indemnity agreements. Understanding the relationship between contractual indemnification, insurance policy requirements, and AI status is key to maximizing coverage and recovery.

AI coverage and contractual indemnification are common risk management tools for construction projects, so much of the case law in this area emanates from construction litigation. Construction contracts give rise to unique challenges in drafting risk transfer provisions.

Listen as our panel of insurance attorneys discusses AI coverage, contractual indemnification, and the use of AI coverage and indemnification to effectively transfer risk in construction contracts.

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Outline

  1. Overview of additional insured status
    1. Additional insured vs. additional named insured
    2. Endorsements vs. certificate of insurance
    3. Policy language and various additional insured forms
    4. Scope of coverage
    5. Priority of coverage
    6. Notice to insurer
  2. Interplay between contractual indemnity and additional insured coverage
    1. Contractual indemnification
    2. Contractual insurance requirements
    3. Additional insured coverage
  3. AI and contractual indemnification for construction contracts

Benefits

The panel will review these and other key questions:

  • How can counsel ensure that contractually required AI coverage is satisfied by the named insured's policy?
  • Why is a certificate of insurance inadequate protection for the party seeking AI status?
  • What are the challenges and pitfalls in drafting indemnification provisions for construction contracts?

Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.

Faculty

Joann M. Lytle
Joann M. Lytle

Partner
McCarter English

She represents companies and individuals engaged in business disputes across a range of industries. She has represented...  |  Read More

Charles J. Reitmeyer
Charles J. Reitmeyer
Assistant General Counsel
Aramark

He provides support to Corporate Risk Management and handles the insured litigation and antitrust counseling...  |  Read More

Clinton S. Hein
Clinton S. Hein

Senior Associate
Goldberg & Connolly

He is a Member of the firm’s Policyholder Coverage and Construction Law Groups. His practice is concentrated in...  |  Read More

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