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ISO Revised Additional Insured Endorsements & Other Forms—04 13 Edition

by

Robert J. Marshburn, CRM, CIC, ARM, CRIS, CISC

CertifiedRiskManagers.com 

 

BEWARE!ALL 2013 ISO Additional Insured forms provide NO Coverage UNLESS specifically Required by Written Contract or Agreement! 

 

Your written Agreement essentially becomes a Policy endorsement that can limit, restrict, or exclude coverage if it is not written properly!

1.    ALL of the new 2013 ISO Additional Insured Endorsements with the edition date of 04.13 contain provisions limiting and restricting their Insurance coverage for the Additional Insured to ONLY the requirements in the written contract (or agreement) between the parties.

 

2.    COVERAGE—The Contract must explicitly require the extent of coverage or there is NO coverage! 

 

3.    LIMITS—Even if your Contractor’s policy contains higher limits of liability than your contract requires, they will NOT apply in behalf of the Additional Insured or Indemnified Party (Indemnitee) unless it is required in the contract!

Past changes to the Additional Insured endorsements that previously narrowed and limited coverage have been carried over into the 2013 forms above and should be analyzed in connection with them.  Please see the ISO 10/01 CGL Policy & Endorsements and the ISO 07/04 Endorsements

 

You must update your Contracts to require full coverage and limits to avoid these reductions or exclusions of coverage in the new forms!  No clear Contract requirement = NO COVERAGE even if you are named as an Additional Insured under these 2013 forms!

 

There is some good news for 2 of the 2013 forms

1.   The new ISO CG 20 38 provides Additional Insured “ongoing operations” liability coverage from the Contractor you hire as well as for Subs he may hire on an automatic blanket basis PROVIDED it is required in the Contract.  The CG 20 33 may provide this coverage for only the Contractor you hire and not any of his Subs.  In this case the Subs must name you individually. 

 

2.   The new ISO CG 20 01 Endorsement provides explicit Primary and non-contributory coverage.

As with the Additional Insured forms above, both of these endorsements are activated only if the named insured Contractor has agreed to these terms in a Written Contract or Agreement.

 

Click on the following link to see some of the most commonly used highlighted Copies of the forms

 

Many contractors and carriers are using Wrap Policies (OCIPs, CCIPs, etc.) to cover these exposures, but they contain many dangers and gaps of their own.  

 

Our Coverage Compliance Verification© program works to facilitate, document, and verify the contractor's compliance with your Contract Insurance Coverage Requirements.

 

We do a considerable amount of client consulting and seminars on these and related issues and would be happy to consult with you or any of your clients.  We are the Risk Management Consultants for Risk Managers and Brokers.  If you would like information on how our services can benefit your business, please contact us

 

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