Design Professional Insurance: Evaluating Coverage and Contractual Risks

Reconciling Indemnification, Additional Insured and Other Terms of the Service Provider Agreement With Policy Provisions

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

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Conducted on Thursday, November 15, 2012

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Course Materials

This CLE course will review scope of coverage in PLI and CGL policies; analyze coverage triggers, covered damages and exclusions; and discuss reconciling policy provisions with performance standards, indemnity, additional insured and other service agreement terms to minimize risks to the design professional.

Description

Professional liability insurance policies for design professionals cover damages arising from negligent performance of “professional services." CGL policies exclude damages from professional services so as not to overlap with PLI policies.

Counsel must have a thorough understanding of the interplay between these policies, including the different approaches courts take in interpreting the scope of the professional services exclusion under CGL policies.

In order to further minimize risk to the design professional, it is critical to reconcile policy provisions and coverages with indemnity agreements, standards of performance, additional insured obligations and other terms of the professional services agreement with the project owner.

Listen as our authoritative panel of insurance attorneys discusses various forms of insurance coverage under PLI and CGL policies, including coverage triggers, exclusions and the overlap between coverages. The panel will also discuss how to reconcile contractual indemnity, additional insured and other key terms of the service agreement with insurance policy provisions to minimize risk to the design professional.

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Outline

  1. PLI and CGL policies
    1. Coverages
    2. Exclusions
    3. Damages available
    4. Overlap between coverages
  2. Reconciling terms of professional services agreement with policy terms
    1. Contractual standards of performance
    2. Contractual indemnity provisions
    3. Additional insured provisions
    4. Other contractual terms

Benefits

The panel will review these and other key questions:

  • What are the scope of injuries and damages covered under a PLI policy?
  • What are the coverage triggers for design professional liability policies and CGL policies, and how do they differ?
  • How do courts interpret the professional services exclusion in CGL policies?
  • How does professional liability coverage interact with contractual terms of the professional services agreement, particularly with respect to contractual indemnity provisions?

Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.

Faculty

William E. Kelley
William E. Kelley
Atty
Drewry Simmons Vornehm

Mr. Kelley focuses his practice on construction and real estate matters, including construction and real estate...  |  Read More

John D. Broghammer
John D. Broghammer
Partner
Greve Clifford Wengel & Paras

Mr. Broghammer specializes in insurance coverage disputes and the representation of design professionals. His practice...  |  Read More

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