Construction OCIP/CCIP Insurance Programs: Potential Coverage Gaps and Other Coverage Pitfalls

Coordinating With Other Policies; Issues With Unenrolled Subs and Additional Insureds

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


Conducted on Tuesday, January 12, 2021

Recorded event now available

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Program Materials

This CLE webinar will analyze some of the potential coverage gaps and other coverage pitfalls possible in owner-controlled insurance programs (OCIP) and contractor-controlled insurance programs (CCIP) policies. The panel will address practical steps that the wrap sponsor and subcontractors can take to prevent or limit risk exposure.

Description

OCIP and CCIP policies are designed to reduce costs on construction projects and provide owners and contractors more control over risk management. Once the province of very large commercial contracts, these forms of wrap insurance programs have become more common, partly due to the increase in construction defect litigation.

While designed to include owners, general contractors, and subcontractors under one insurance program, there can be coverage gaps and other coverage pitfalls with wrap policies, especially if the programs are not set up and implemented carefully.

Key issues include the proper enrollment of subcontractors and the interplay with CGL and other insurance policies of both the sponsor and the subs. Without careful consideration to the policy forms, e.g, "other insurance" provisions, the goal of optimizing the coverage from the intended primary policy may be frustrated.

Listen as our authoritative panel of insurance attorneys analyzes coverage gaps and other pitfalls that may arise in OCIP/CCIP policies. The panel will discuss practical steps OCIP/CCIP sponsors and subcontractors can take to prevent or limit risk exposure.

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Outline

  1. Brief overview of OCIP/CCIP policies
    1. Purpose
    2. Pros and cons
  2. Enrolling subcontractors
    1. Who is included, who is not?
    2. Proper enrollment
  3. Interplay with workers' compensation policies
  4. Interplay with owner, contractor, and subcontractor standard CGL policies: endorsing standard policies to reflect the OCIP/CCIP
  5. "Other insurance" and priority of payments in competing policies
  6. Issues that arise with additional insureds
  7. Insolvency of OCIP/CCIP carrier

Benefits

The panel will review these and other noteworthy issues:

  • Drafting the policy form and endorsements in CIP policies to ensure that the CIP policy coverage is optimized and pays on a primary, non-contributing basis
  • What the subcontractor must do to enroll in the wrap plan and the consequences for the sub's failure to enroll
  • The interplay between CIP and builder's risk policies
  • Endorsements in CIP policies that reduce potential gaps between the two policy types
  • The interplay between CIP policies and a contractor's or subcontractor's own CGL insurance and issued additional insured endorsements

Faculty

Artese, Dennis
Dennis J. Artese

Shareholder
Anderson Kill

Mr. Artese is a shareholder in the New York office of Anderson Kill. He is also co-chair of the firm's Construction...  |  Read More

Musitano, John
John R. Musitano, Jr.

Partner
Cox Castle & Nicholson

As a Member of the firm’s Risk Management and Insurance Team, Mr. Musitano resolves insurance coverage, real...  |  Read More

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