Additional Insured Coverage: Navigating Scope, AI Rights, Insurer Duties, AI Status vs. Contractual Indemnification

Advocating Coverage From Perspectives of Additional Insureds, Policyholders and Insurers

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


Conducted on Tuesday, October 4, 2016

Recorded event now available

or call 1-800-926-7926
Program Materials

This CLE webinar will discuss insurance coverage issues emanating from being an additional insured (AI) under a commercial contract. The program will analyze the scope of AI coverage and key exclusions, how to best obtain AI status, the rights of AIs and corresponding obligations of insurers, and the distinction between AI status and indemnification and insured contract risk mitigation techniques.

Description

Additional insured coverage is commonly used by parties in a commercial contract to spread and transfer risk. A party seeking to be named as an AI should pursue the broadest form of coverage available while avoiding unanticipated and unnecessary gaps in coverage.

Counsel for AIs must understand the scope of AI coverage, how to obtain AI status under a business agreement, the insurer’s duty to defend the AI, and priority of coverage issues. When the excess policy is triggered, the relationship between the AI’s primary insurer and the named insured’s excess insurer is put into play.

Counterparties and subcontractors are often named as an AI under a liability policy in conjunction with indemnity agreements. Understanding the relationship between AI coverage and contractual indemnification, insurance policy requirements, and insured contracts and the CGL contractual liability exclusion are key to maximizing coverage and recovery.

Listen as our authoritative panel of insurance attorneys analyzes AI coverage in commercial contracts. The panel will look at the scope of AI coverage, how to best obtain AI status, and the rights of AIs and duties of insurers, among other issues. The panel will also address the distinction between AI status and contractual indemnification.

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Outline

  1. Overview of AI coverage
    1. Scope of coverage
    2. Ongoing vs. completed operations
    3. Injuries to employees
    4. Written contract requirement
    5. Execution requirement
    6. Direct contractual relationship requirement
  2. Rights of additional insureds
    1. Duty to defend additional insureds
    2. Priority of coverage
    3. Certificates of insurance
    4. Coverage inconsistent with underlying contract requirements
    5. Excess/umbrella coverage
  3. Indemnification vs. additional insured coverage
  4. Insured contracts vs. additional insured status

Benefits

The panel will review these and other key issues:

  • How can counsel ensure that contractually required AI coverage is satisfied by the named insured’s policy?
  • Why is a certificate of insurance often inadequate protection for the party seeking AI status?
  • How do the insurer’s duties and obligations vary with respect to AI coverage versus contractual indemnification?
  • What pitfalls are present in assuming AI coverage under an excess policy that follows form of primary coverage?

Faculty

Cavallo, Christian
Christian A. Cavallo

Partner
Goldberg Segalla

Mr. Cavallo is an insurance coverage litigator representing insurers in high-value cases in state and federal courts....  |  Read More

Christine A. Gudaitis
Christine A. Gudaitis

Shareholder
Ver Ploeg & Lumpkin

Ms. Gudaitis concentrates her trial and appellate practice in the areas of insurance coverage and bad faith litigation,...  |  Read More

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