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Additional Insured Coverage in Construction Contracts and Interplay With Contractual Indemnification Clauses

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

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Tuesday, September 19, 2023

Recorded event now available

or call 1-800-926-7926

This CLE course will provide attendees with a review of key issues in, and the evolution of, additional insured (AI) coverage under commercial general liability policies, the interplay between contractual indemnification and AI coverage, and best practices to maximize AI coverage and for insurers to minimize exposure.

Description

AI coverage is commonly used by parties in construction contracts to allocate and transfer risk. Parties seeking to be named as an AI desire the broadest form of coverage available and wish to avoid surprises once a claim is made against them.

Understanding the relationship between contractual indemnification and AI status is key to maximizing coverage and recovery. For example, insurers are typically required to defend and indemnify an additional insured under AI coverage, but the express requirement to defend an insured's contractual indemnitee may not be required.

Listen as our panel of construction experts discusses the use of AI coverage and contractual indemnification clauses to allocate risk in construction contracts effectively and offer tips on best practices for both contractors and insurers.

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Outline

  1. Overview of additional insured status
    1. Policy language and evolution of additional insured forms
    2. Endorsements vs. certificate of insurance
    3. Additional insured vs. additional named insured
    4. Scope of coverage
  2. The interplay between contractual indemnity and additional insured coverage
    1. Contractual indemnification
    2. Contractual insurance requirements
  3. Best practices for insurers to minimize exposure for AI coverage and contractual indemnity

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?
  • Why is a possession of merely a certificate of insurance often inadequate protection for the party seeking AI status?
  • What are the challenges and pitfalls in drafting indemnification provisions for construction contracts?
  • How do the insurer's duties and obligations vary concerning AI coverage versus contractual indemnification?

Faculty

Bobotek, James
James P. (Jamie) Bobotek

Partner
Pillsbury Winthrop Shaw Pittman

Mr. Bobotek guides clients through all phases of development and construction of commercial properties, including...  |  Read More

Morgan, Vincent
Vincent E. Morgan

Partner
Bracewell

Mr. Morgan has helped clients obtain billions of dollars in insurance proceeds and other recoveries. He represents...  |  Read More

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