construction certificate of insurance addendum: a to m

65
855 NY FORM ADDENDUM

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Presentation provides a basic review of the New York Construction Certificate of Liability Insurance Addendum from A to M.

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Page 1: Construction Certificate of Insurance Addendum: A to M

855 NY FORM ADDENDUM

Page 2: Construction Certificate of Insurance Addendum: A to M

RISK STRATEGIES: AVOID PREVENT MITIGATE TRANSFER BY CONTRACT TRANSFER BY INSURANCE RETAIN

Page 3: Construction Certificate of Insurance Addendum: A to M

RISK STRATEGIES: AVOID PREVENT MITIGATE TRANSFER BY CONTRACT TRANSFER BY INSURANCE RETAIN

Page 4: Construction Certificate of Insurance Addendum: A to M

KEY QUESTION: DOES THE PARTY ASSUMING RISK HAVE PROPER COVERAGE FOR THE EXPOSURE?

Page 5: Construction Certificate of Insurance Addendum: A to M

ANSWER ONE OF TWO WAYS

Page 6: Construction Certificate of Insurance Addendum: A to M

READ THE POLICIES

Page 7: Construction Certificate of Insurance Addendum: A to M

OR …

Page 8: Construction Certificate of Insurance Addendum: A to M

COVERAGE IMPORTANCE WHEN ACCEPTING RISK: INSURE TRANSFER OF RISK PROTECT CASHFLOW PROTECT ASSETS POTENTIALLY SURVIVAL

Page 9: Construction Certificate of Insurance Addendum: A to M

COVERAGE IMPORTANCE WHEN TRANSFERRING RISK: DOLLARS TO PAY CLAIMS PRESERVE LIMITS IMPROVE LOSS HISTORY LOWER SEVERITY EXPOSURE ENHANCE CARRIER DESIRABILITY LOWER RATES INCREASED COMPETITIVENESS

Page 10: Construction Certificate of Insurance Addendum: A to M

BREAKING IT DOWN A TO M

Page 11: Construction Certificate of Insurance Addendum: A to M

A

ADMITTED/AUTHORIZED: “SO WHAT”: FORMS AND POLICY LANGUAGE FILED AND APPROVED

EXCESS OR FREE TRADE “SO WHAT”: UNKNOWN SCRIPTED LANGUAGE NOT FILED OR APPROVED

Page 12: Construction Certificate of Insurance Addendum: A to M

ISO / ISO MODIFIED: “SO WHAT”: KNOWN STANDARD LANGUAGE

EXCESS OR FREE TRADE “SO WHAT”: UNKNOWN SCRIPTED LANGUAGE

B

Page 13: Construction Certificate of Insurance Addendum: A to M

RESTRICTED/EXCLUDED OPS: LOCATION TYPE OF CONSTRUCTION BUILDING HEIGHT CLASSIFICATIONS DESIGNATED WORK

“SO WHAT”: UNCOVERED RISK!

C

Page 14: Construction Certificate of Insurance Addendum: A to M

LOOK OUT!

Page 15: Construction Certificate of Insurance Addendum: A to M

EXCLUSIONS: CG 21 00 DESIGNATED PREMISES CG 21 34 DESIGNATED WORK CG 21 44 LIMITATION CG 21 53 DESIGNATED OPERATION CG 21 86 EXTERIOR SYSTEMS NON-STANDARD ENDORSEMENTS

Page 16: Construction Certificate of Insurance Addendum: A to M

OWNER SUBGC

THE PLAYERS:

CLMT

D

ADDITIONAL INSURED

Page 17: Construction Certificate of Insurance Addendum: A to M

OWNER GC

ADDITIONAL INSURED

CLMT

CLAIM

)

)

Page 18: Construction Certificate of Insurance Addendum: A to M

OWNER GC

ADDITIONAL INSURED

CLMT

HERE YOU GO I’M AN AI!

)

)

)

Page 19: Construction Certificate of Insurance Addendum: A to M

OWNER GC

ADDITIONAL INSURED

CLMT

)

)

) )

Page 20: Construction Certificate of Insurance Addendum: A to M

GC

ADDITIONAL INSURED

CLMT

SUB

CLAIM

)

)

Page 21: Construction Certificate of Insurance Addendum: A to M

GC

ADDITIONAL INSURED

CLMT

SUB

CLAIM

HERE YOU GO I’M AN AI!

)

)

Page 22: Construction Certificate of Insurance Addendum: A to M

GC

ADDITIONAL INSURED

CLMT

)

SUB

)

Page 23: Construction Certificate of Insurance Addendum: A to M

OWNER GC

ADDITIONAL INSURED

CLMT

CLAIM

SUB

)

) )

Page 24: Construction Certificate of Insurance Addendum: A to M

OWNER GC

ADDITIONAL INSURED

CLMT

SUB

I’M AN AI!

)

))

CLAIM

Page 25: Construction Certificate of Insurance Addendum: A to M

OWNER GC

ADDITIONAL INSURED

CLMT

SUB

ME TOO!

)

) )CLAIM

Page 26: Construction Certificate of Insurance Addendum: A to M

OWNER GC

ADDITIONAL INSURED

CLMT

SUB

)

) )

Page 27: Construction Certificate of Insurance Addendum: A to M

LOOK CLOSE: ADDITIONAL INSURED STATUS?

Page 28: Construction Certificate of Insurance Addendum: A to M

CG 20 10: ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION

Page 29: Construction Certificate of Insurance Addendum: A to M

CG 20 26: ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION

Page 30: Construction Certificate of Insurance Addendum: A to M

CG 20 32: ADDITIONAL INSURED - ENGINEERS, ARCHITECTS OR SURVEYORS NOT ENGAGED BY THE NAMED INSURED

Page 31: Construction Certificate of Insurance Addendum: A to M

CG 20 33: ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU

Page 32: Construction Certificate of Insurance Addendum: A to M

CG 20 37: ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS

Page 33: Construction Certificate of Insurance Addendum: A to M

CG 20 38: ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS FOR OTHER PARTIES WHEN REQUIRED IN WRITTEN CONSTRUCTION AGREEMENT

Page 34: Construction Certificate of Insurance Addendum: A to M

PRIMARY AND NONCONTRIBUTORY CG 20 01: PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION

“SO WHAT”: TRANSFERS RISK AS REQUIRED BY CONTACT!

E

Page 35: Construction Certificate of Insurance Addendum: A to M

GC

PRIMARY AND NONCONTRIBUTORY

CLMT

SUB

)

)

CLAIM

Page 36: Construction Certificate of Insurance Addendum: A to M

GC

CLMT

SUB

HERE YOU GO I’M AN AI!

PRIMARY AND NONCONTRIBUTORY

)

)

CLAIM

Page 37: Construction Certificate of Insurance Addendum: A to M

GC

CLMT

)

SUB

PRIMARY AND NONCONTRIBUTORY

)

Page 38: Construction Certificate of Insurance Addendum: A to M

GC

WITHOUT PRIMARY AND NONCONTRIBUTORY

CLMT

SUB

)

)

CLAIM

Page 39: Construction Certificate of Insurance Addendum: A to M

GC

CLMT

SUB

HERE YOU GO I’M AN AI!

WITHOUT PRIMARY AND NONCONTRIBUTORY

)

)

CLAIM

Page 40: Construction Certificate of Insurance Addendum: A to M

GC

CLMT

)

SUB

WITHOUT PRIMARY AND NONCONTRIBUTORY

NOT PRIMARY & YOU CONTRIBUTE

)

Page 41: Construction Certificate of Insurance Addendum: A to M

GC

CLMT

)

SUB

WITHOUT PRIMARY AND NONCONTRIBUTORY

NOT PRIMARY & YOU CONTRIBUTE

)

Page 42: Construction Certificate of Insurance Addendum: A to M

CANCELATION NOTICE: “SO WHAT”: CANCELED POLICIES DON’T RESPOND TO CLAIMS!

F

Page 43: Construction Certificate of Insurance Addendum: A to M

BLANKET CONTRACTUAL LIABILITY IN “INSURED CONTRACT” DEFINITION REMOVED OR RESTRICTED?

“SO WHAT”: CONTRACTUAL LIABILITY SHOULD BE AVAILABLE WHEN TRANSFERRING RISK BY CONTRACT! G

Page 44: Construction Certificate of Insurance Addendum: A to M

LOOK OUT FOR CG 2139!

Page 45: Construction Certificate of Insurance Addendum: A to M

EMPLOYERS LIABILITY AND INJURY TO EMPLOYEES

Page 46: Construction Certificate of Insurance Addendum: A to M

BLANKET CONTRACTUAL INSURED CONTRACT EXCEPTION TO EMPLOYER LIABILITY EXCLUSION REMOVED OR MODIFIED

“SO WHAT” CONTRACTUAL LIABILITY SHOULD BE AVAILABLE WHEN TRANSFERRING RISK BY CONTRACT! H

Page 47: Construction Certificate of Insurance Addendum: A to M

EMPLOYERS LIABILITY: “BODILY INJURY TO: 1. AN EMPLOYEE OF THE INSURED ARISING OUT OF AND IN THE COURSE OF: A. EMPLOYMENT BY THE INSURED; OR B. PERFORMING DUTIES RELATED TO THE CONDUCT OF THE INSURED’S BUSINESS; THIS EXCLUSION DOES NOT APPLY TO LIABILITY ASSUMED BY THE INSURED UNDER AND INSURED CONTRACT.

Page 48: Construction Certificate of Insurance Addendum: A to M

INJURY TO EMPLOYEES GL DOES NOT COVER ADDITIONAL INSURED FOR CLAIMS INVOLVING INJURY TO EMPLOYEES OF NAMED INSURED OR SUBCONTRACTORS

“SO WHAT” NO COVERAGE FOR SCAFFOLDING (240 LABOR) LAW

I

Page 49: Construction Certificate of Insurance Addendum: A to M

SCAFFOLD - 240 LABOR LAW: CONTRACTORS & OWNERS ELEVATION RELATED INJURIES CONSTRUCTION, REPAIR AND DEMOLITION ABSOLUTE LIABILITY CONTRIBUTING FAULT OR GROSS NEGLIGENCE IRRELEVANT

Page 50: Construction Certificate of Insurance Addendum: A to M

EXCLUSION OR RESTRICTION FOR EARTH MOVEMENT, EXCAVATION, EXPLOSION, COLLAPSE, UNDERGROUND PROPERTY ?

“SO WHAT”: COVERAGE SHOULD BE AVAILABLE WHEN TRANSFERRING RISK BY CONTRACT! J

Page 51: Construction Certificate of Insurance Addendum: A to M

INSURED VS. INSURED SUITES: EXCLUSION OR RESTRICTION OTHER THAN NAMED INSURED VS NAMED INSURED!

“SO WHAT”: COVERAGE SHOULD BE AVAILABLE WHEN TRANSFERRING RISK BY CONTRACT! K

Page 52: Construction Certificate of Insurance Addendum: A to M

LOOK OUT: ISO CGL CROSS LIABILITY SEPARATION OF INSUREDS WORDING

Page 53: Construction Certificate of Insurance Addendum: A to M

PROPERTY DAMAGE EXCLUSION FOR WORK PERFORMED BY SUBS

“SO WHAT”: “AND THEN…

L

Page 54: Construction Certificate of Insurance Addendum: A to M

… THE WALL FELL DOWN!”

Page 55: Construction Certificate of Insurance Addendum: A to M

EXCESS/UMBRELLA IS PRIMARY AND NON-CONTRIBUTORY FOR ADDITIONAL INSUREDS

“SO WHAT”: HORIZONTAL INSTEAD OF VERTICAL STACKING OF LIMITS

M

Page 56: Construction Certificate of Insurance Addendum: A to M

GC

CLMT

SUB

UMBRELLA WITHOUT PRIMARY AND NONCONTRIBUTORY

UMB GL GL UMB

)

CLAIM

Page 57: Construction Certificate of Insurance Addendum: A to M

GC

CLMT

SUB

UMBRELLA WITHOUT PRIMARY AND NONCONTRIBUTORY

UMB GL GL UMB

HERE YOU GO I’M AN AI!

)

Page 58: Construction Certificate of Insurance Addendum: A to M

GC

CLMT

)

SUB

UMBRELLA WITHOUT PRIMARY AND NONCONTRIBUTORY

)

GL

UMBUMB

GL

Page 59: Construction Certificate of Insurance Addendum: A to M

GC

CLMT

SUB

UMBRELLA WITH PRIMARY AND NONCONTRIBUTORY

UMB GL GL UMB

)

)

CLAIM

Page 60: Construction Certificate of Insurance Addendum: A to M

GC

CLMT

SUB

UMBRELLA WITHOUT PRIMARY AND NONCONTRIBUTORY

GL UMB GL UMB

HERE YOU GO I’M AN AI!

)

)

Page 61: Construction Certificate of Insurance Addendum: A to M

GC

CLMT

)

SUB

UMBRELLA PRIMARY AND NONCONTRIBUTORY

GL

UMB

UMB

GL

)

Page 62: Construction Certificate of Insurance Addendum: A to M

ACTION PLAN: REVIEW COVERAGE COMPLETE ACORD 855 DOUBLE CHECK

Page 63: Construction Certificate of Insurance Addendum: A to M

PROPER COVERAGE IS CRITICAL!

Page 64: Construction Certificate of Insurance Addendum: A to M

NO SKATING - ATTENTION’S NEEDED!

Page 65: Construction Certificate of Insurance Addendum: A to M

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