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Additional Insured Endorsements: How They Modify Coverage, Shift Risk, and Affect Indemnification

Scope of Coverage, Risk Allocations, and Insurer's Duties With Additional Insured Endorsements

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

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Tuesday, October 4, 2022

Recorded event now available

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This CLE course will analyze how courts assess when the insurer's duty to defend is triggered concerning a claim by an additional insured. The panel will outline the various circumstances where extrinsic evidence is considered.

Description

The standards used by courts to determine whether the insurer has a duty to defend the named insured vary by jurisdiction, but conventional wisdom holds that the same standards apply to a determination regarding the duty to defend additional insureds. Or do they? Assessing the duty to defend an additional insured raises unique issues not present in the named insured. The status of a party seeking coverage under an additional insured blanket endorsement or some other contractual arrangement with the named insured may not be readily apparent from the policy.

Further, additional insured endorsements are a source of litigation as the parties negotiate the wording of the endorsement. The endorsement may limit coverage to circumstances involving liability related to the named insured's conduct or conduct during a specific period.

Even courts that adhere to the four corners of the complaint and policy rule may be open to considering extrinsic evidence in assessing whether to enforce the insurer's duty to defend an additional insured. There is, however, very little uniformity among courts concerning these issues.

Listen as our authoritative panel of insurance practitioners examines the approach employed by courts in determining whether the insurer's duty to defend is triggered concerning a claim by an additional insured. The panel will analyze the various circumstances in which courts should and will resort to extrinsic evidence.

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Outline

  1. Overview of standards used by courts to determine an insurer's duty to defend
    1. Four corners/eight corners rules
    2. Extrinsic evidence
  2. Determining whether the policy grants the party additional insured status
  3. Determining whether there are limitations to this AI status
  4. Determining whether there are limitations to the scope of coverage

Benefits

The panel will review these and other key issues:

  • Standards used by courts to determine an insurer's duty to defend an additional insured
  • Circumstances in which courts consider extrinsic evidence in determining whether the insurer's duty to defend an additional insured is triggered
  • Circumstances in which additional insured endorsements may limit or negate coverage of the additional insured

Faculty

Sullivan, Kevin
Kevin P. Sullivan
Partner
Goldberg Segalla

Mr. Sullivan focuses his practice on complex insurance coverage issues. He has substantial experience advising insurers...  |  Read More

Gudaitis, Christine
Christine A. Gudaitis
Partner
Ver Ploeg & Marino

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

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