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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

    Intermediate

  • work Practice Area

    Real Property - Transactions

Date & Time
  • event Date

    Tuesday, September 19, 2023

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$297.00
CLE
ALL

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.

Faculty

James P. Bobotek
Partner
Pillsbury Winthrop Shaw Pittman LLP

Mr. Bobotek guides clients through all phases of development and construction of commercial properties, including preparation, review and negotiation of development, design, construction, design-build, and related agreements. He also counsels clients in analyzing insurance coverage claims, formulating risk management strategies, and developing contractual insurance requirements. Mr. Bobotek has secured many favorable outcomes for commercial policyholders on CGL, builder’s risk, commercial property, business interruption, E&O, cyber, professional liability, D&O, pollution, fidelity and other claims.

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Vincent E. Morgan
Partner
Bracewell LLP

Mr. Morgan has helped clients obtain billions of dollars in insurance proceeds and other recoveries. He represents corporate policyholders in complex coverage matters related to all types of policies, including commercial property and business interruption, reps and warranties, CGL, cyber, professional and fiduciary liabilities, D&O, E&O, environmental, trade credit and intellectual property.  Many of these have involved some of the most pressing issues of recent times, ranging from the COVID-19 pandemic, the 9/11 terrorist attacks, the Deepwater Horizon disaster, virtually every hurricane and other major weather disaster in the last 20 years, major wildfires, the Japanese earthquake and tsunami and the opioid crisis. 

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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.

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?