Additional Insureds, SIRS, and "Other Insurance" Provisions: Interpreting AI Endorsements, Ensuring Adequate Coverage
Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
Intermediate
- work Practice Area
Real Property - Transactions
- event Date
Thursday, November 21, 2024
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE course will discuss key pitfalls facing additional insureds (AIs) in ensuring adequate coverage, including the presence of a self-insured retention (SIR) in the named insured’s policy, the impact of "other insurance" provisions in the named insured's policies, and the interpretation of the insuring clause in the AI endorsement.
Mr. McLeod represents policyholders in a wide variety of insurance claims and programs. This includes the negotiation and placement of a wide variety of insurance coverages for businesses and high net worth individuals. It extends to consultation and advice concerning potential coverage for first-party losses, as well as third-party claims under virtually every type of third-party policy available in the marketplace. He provides such insurance-related services to a variety of businesses, specializing in the construction industry, representing a wide range of clients such as national and regional homebuilders, general contractors, specialty trades, design professionals and manufacturers and suppliers.
Mr. Mason is a Goldberg Segalla LLP Partner where he dedicates his practice to first-party and third-party coverage, reinsurance, and defense issues, including products liability, environmental and toxic torts, professional liability for clients in construction, environmental and related industries, complex commercial litigation, and assistance to underwriters regarding policy drafting and strategy. Mr. Mason also serves as an expert witness. During the past three decades, Mr. Mason has been a thought leader in the insurance law community and is a frequent author, speaker, and podcaster concerning the most pressing issues in insurance and related fields.
Mr. Keane has experience in the areas of real estate, construction, insurance coverage and defense, homeowners association matters, corporate compliance, toxic torts, entertainment, intellectual property and general business litigation. He has presented seminars to various business professionals, insurance companies, law firms, contractors and third party administrators on topics such as corporate compliance and risk reduction, mold/toxic tort litigation, construction defect actions, insurance coverage and homeowner association matters. Mr. Keane is a member of the State Bars of California, Arizona, Texas and Washington.
Companies or contractors may be at risk when added as an AI on a subcontractor’s CGL policy with an SIR. Some courts have ruled that the AI is not entitled to a defense or indemnity until the named insured satisfies the SIR.
When an entity qualifies as an AI and several policies cover the same risk, counsel must determine the priority of coverage under applicable policies. The "other insurance" provisions need to be analyzed to determine which policy applies as primary or excess or if multiple policies apply as coinsurance.
Listen as our authoritative panel of insurance attorneys analyzes risks facing AI contractors in ensuring adequate coverage. The panel will discuss the presence of an SIR in the named insured's policy, the impact of "other insurance" provisions in subcontractor's policies, and the interpretation of the insuring clause in the AI endorsement.
- Brief overview of obtaining AI coverage
- Interplay of AI coverage with SIRs in named insured's CGL policy
- Priority of coverage for AIs when several policies cover the same risk
- Interpreting the AI endorsement language
The panel will review these and other key issues:
- Does a policy on which a company is added as an AI primary and non-contributory take priority over other insurance carried by the AI party?
- How can companies or contractors seeking AI status plan around an "other insurance" clause in the named insured's policy?
- How can the policy language limit or extend coverage for acts of an AI?
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