Allocating Risk in Commercial Contracts: Additional Insured Endorsements and Waivers of Subrogation

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


Conducted on Thursday, July 27, 2017
Recorded event now available


This CLE webinar will provide guidance to business counsel on strategies contracting parties can leverage to allocate risks and protect their respective economic expectations. The panel will address the use of additional insured (AI) endorsements and waivers of subrogation to protect against economic loss.

Description

Additional insured coverage is commonly used by parties in commercial contracts to spread and transfer risk. Counterparties and subcontractors are often named as an AI under a liability policy in conjunction with indemnity agreements.

Understanding the relationship between contractual indemnification, insurance requirements, and AI endorsements is key to effectively allocating risk. ISO’s 2013 AI endorsement revisions need to be considered when drafting risk-transfer language.

One of the more complex issues in risk mitigation is the interplay between the insurer’s right of subrogation vs. the parties’ efforts to waive subrogation. By way of mutual waivers, each party agrees to obtain from its insurer a waiver of the insurer’s right of subrogation against the other party. Counsel must understand and critically analyze subrogation issues in contract negotiations.

Listen as our authoritative panel discusses AI endorsements and waivers of subrogation as strategies for mitigating and allocating risk in commercial contracts.

Outline

  1. Additional insured coverage
    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
  2. Interplay between contractual indemnity and additional insured coverage
    1. Contractual indemnification
    2. Contractual insurance requirements
    3. Additional insured coverage
    4. Crafting contractual indemnification provisions
  3. Subrogation
    1. Overview of subrogation principles
    2. Mutual waivers of subrogation
    3. Limited waivers of subrogation

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?
  • How have the ISO’s 2013 revisions to AI endorsements narrowed the scope of coverage for AIs?
  • How can counsel draft subrogation waivers that protect both contracting parties?

Faculty

Kenneth M. Gorenberg, Partner
Barnes & Thornburg, Chicago

Mr. Gorenberg is a member of the firm’s Litigation Department and its Policyholder Insurance Recovery and Counseling Practice Group. His insurance practice focuses on a number of complex issues for corporate policyholders. He assists clients in litigation, arbitration, and negotiation of a wide variety of business disputes. His commercial clients have included financial institutions, hoteliers, real estate developers, publishers, and web-based ticket brokers. He defends manufacturers, design engineers and premises owners in “bet the company” asbestos personal injury litigation.

Katie Pfeifer, Of Counsel
Dorsey & Whitney, Minneapolis

Ms. Pfeifer is a trial attorney and Co-Chair of the firm’s Insurance Law Practice Group. She represents clients in all types of complex commercial litigation. Ms. Pfeifer’s clients include public and private corporations, for-profit and non-profit entities, financial institutions, and individuals. She has presented at numerous CLE seminars concerning insurance and related issues, including allocation of risk through insurance.


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Business Contracts and Franchise Advisory Board

Vincent R. Martorana

Assistant General Counsel

KPMG

Charles (C. J.) Schoenwetter

Partner

Bowman and Brooke

Rochelle Spandorf

Partner

Davis Wright Tremaine

Craig Tractenberg

Partner

Fox Rothschild

Les Wharton

Chief Legal Officer

Coverall North America

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