Coverage Pitfalls for Additional Insureds: Interplay With SIRS and "Other Insurance Provisions," Interpreting AI Endorsements

A live 90-minute CLE webinar with interactive Q&A


Wednesday, September 6, 2017
1:00pm-2:30pm EDT, 10:00am-11:30am PDT


This CLE webinar will discuss key pitfalls facing AIs in ensuring adequate coverage, including the presence of a self-insured retention (SIR) in the named insured’s policy, the impact of “other insurance” provisions in the named insured’s policies, and the interpretation of the insuring clause in the AI endorsement.

Description

Companies or contractors may be at risk when added as an additional insured (AI) on a subcontractor’s CGL policy with a SIR. Some courts have ruled that the AI is not entitled to a defense or indemnity until the named insured satisfies the SIR.

When an entity qualifies as an AI and several policies cover the same risk, counsel must determine the priority of coverage under applicable policies. The “other insurance” provisions need to be analyzed to determine which policy applies as primary or excess, or if multiple policies apply as coinsurance.

A recent New York case demonstrates another pitfall for AIs. In Burlington Ins. Co. v. NYC Transit Auth. (N.Y. Ct. App. June 6, 2017), the court denied AI coverage to contractors MTA and NYCTA for purposes of a loss caused by an act of a named insured subcontractor.

The court held that the policy’s language providing coverage for liability “caused, in whole or in part, by” the named insured applies only to injuries proximately caused by the named insured. The court also ruled that there was AI coverage only for the named insured subcontractor’s negligent acts. Because the court determined that the named insured did not proximately cause the injury and was not negligent or otherwise at fault, there was no coverage for the AIs.

Listen as our authoritative panel of insurance attorneys analyzes risks facing AI contractors in ensuring adequate coverage. The panel will discuss the presence of a SIR in the named insured’s policy, the impact of “other insurance” provisions in subcontractor’s policies, and the interpretation of the insuring clause in the AI endorsement.

Outline

  1. Brief overview of obtaining AI coverage
  2. Interplay of AI coverage with SIRs in named insured’s CGL policy
  3. Priority of coverage for AIs when several policies cover the same risk
  4. Interpreting the AI endorsement language

Benefits

The panel will review these and other key issues:

  • Is a policy on which a company is added as an AI primary and non-contributory over other insurance carried by the AI party?
  • How can companies or contractors seeking AI status plan around “other insurance” clause in the named insured’s policy?
  • How can the policy language limit or extend coverage for acts of an AI?

Faculty

Lawrence D. (Larry) Mason, Partner
Goldberg Segalla, Chicago

Mr. Mason dedicates most of his practice to property and casualty insurance coverage, products liability, professional liability for clients in construction, environmental and related industries, environmental and toxic torts, identifying emerging risks (especially cybersecurity and new technologies), and complex commercial litigation. His experience includes commercial litigation involving insurance and reinsurance coverage, first- and third-party liability. His practice encompasses a broad spectrum of first-party and third-party coverage, reinsurance, and defense issues. 

John J. McLeod, Shareholder
McLeod Law Group, San Diego

Mr. McLeod represents policyholders in a wide variety of insurance claims and programs. This includes the negotiation and placement of a wide variety of insurance coverages for businesses and high net worth individuals. It extends to consultation and advice concerning potential coverage for first-party losses, as well as third-party claims under virtually every type of third-party policy available in the marketplace. ​He provides such insurance-related services to a variety of businesses​, specializing in the construction industry​, represent​ing a wide range of clients such as national and regional homebuilders, general contractors, specialty trades, design professionals and manufacturers and suppliers.

Matthew G. Jeweler, Counsel
Pillsbury Winthrop Shaw Pittman, Washington, D.C.

Mr. Jeweler is a litigator who represents corporate policyholders in complex coverage disputes, helping clients facing large losses recover from their insurers. A member of the firm’s Litigation and Insurance Recovery and Advisory practice groups, his practice concentrates on the representation of corporate policyholders. He helps clients mitigate loss by maximizing the value of their insurance assets. He has represented clients in a broad range of industries and in all phases of the claims process from pre-suit negotiations with insurers through trial.

Dawn A. Silberstein, Of Counsel
Wilson Elser Moskowitz Edelman & Dicker, San Francisco

Ms. Silberstein is experienced representing insurance carriers and policyholders in litigation involving third-party liability and first-party property coverage claims. She also has represented homeowner associations and common interest developments in construction defect litigation and as corporate counsel, drafting easements and amending governing documents, including covenants, conditions and restrictions. In addition, she has experience implementing, monitoring, planning and evaluating the City and County of San Francisco’s EEO programs, including investigating internal complaints related to alleged violations of state and federal EEO law and responding to charges of discrimination filed with the U.S. Equal Employment Commission and Department of Fair Employment and Housing.


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