• videocam On-Demand Webinar
  • signal_cellular_alt Intermediate
  • card_travel Commercial Law
  • schedule 90 minutes

Drafting Insurance Clauses in Commercial Contracts: Additional Insured, Priority, Umbrella/Excess

About the Course

Introduction

This CLE webinar will address drafting and negotiating insurance requirements in commercial contracts. The panel will explore how to write insurance clauses delivering risk allocation matching the deal requirements.

Description

The panel will discuss critical terms affecting risk, including additional insured status, primary and noncontributory language, umbrella/excess structure, and priority or "who pays first" concepts. The experts will navigate how these provisions should align with indemnity and liability allocation.

Listen as our panel provides practical guidance for negotiating and drafting insurance clauses across common commercial settings (goods/transit, services, construction, and specialty exposures like pollution when triggered), and for choosing clause language that is defensible, market available, and effective should disputes occur.

Presented By

Jessica E. Brown
Counsel
Reed Smith

Ms. Brown advises clients on complex insurance matters, with deep experience in coverage disputes and transactional risk. She has handled matters involving toxic tort, environmental, directors and officers (D&O), intellectual property, and weather-related insurance. A significant part of her practice centers on Representations and Warranty Insurance (RWI): she negotiates RWI policies for insureds, evaluates and pursues RWI and related rep-and-warranty indemnity claims from initial assessment through resolution, and counsels on insurance issues in transactions. Ms. Brown represents private equity clients and businesses across manufacturing, logistics, healthcare, and IT. She also guides clients through contractual risk allocation. Ms. Brown drafts and interprets indemnity and insurance provisions, and represents clients in indemnification disputes, including the interplay between indemnity obligations and insurance.

Jad H. Khazem
Special Counsel
Covington & Burling

Mr. Khazem is a commercial litigator experienced in high-stakes civil litigation and appeals, with a focus on representing large corporate policyholders in insurance coverage disputes. Through his work, he has helped his clients recover more than $1 billion to date. Mr. Khazem has helped clients recover for a wide variety of underlying claims and losses, including mass tort claims, shareholder claims, government investigations, cyber claims, environmental cleanup, first-party property damage and business interruption, maritime claims, antitrust liabilities, and more. He is a seasoned trial-court and appellate advocate and has also helped his clients successfully resolve coverage disputes through settlement negotiations and ADR. 

David R. Taubenfeld
Partner
Haynes & Boone LLP

Mr. Taubenfeld represents policyholders in every kind of dispute they may have with their insurers. He finds coverage where others may not look, and he attempts to secure coverage for his clients through negotiation and diplomacy before litigation becomes necessary. When litigation becomes necessary, Mr. Taubenfeld litigates aggressively, always with the goal of securing coverage for his clients quickly and economically. He has secured millions of dollars in coverage for his clients through negotiation and litigation. Mr. Taubenfeld represents corporate and individual insureds in coverage and bad-faith lawsuits and arbitrations against insurance carriers under Directors' and Officers' Liability, First Party Property/Business Interruption, Errors and Omissions, Professional Liability, General Liability, Fidelity Surety Bonds, Performance and Payment, Primary, Excess, and Umbrella insurance policies. He also litigates construction matters for architects, engineers, contractors and owners. Mr. Taubenfeld litigates both the construction disputes themselves and any insurance coverage matters related to his construction work.


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


  • Live Online


    On Demand

Date + Time

  • event

    Tuesday, April 21, 2026

  • schedule

    1:00 PM ET/10:00 AM PT

I. Introduction: purpose of insurance as part of risk allocation and abatement

II. Clause components: lines, limits, parties, timeframes, proof

III. Additional insured and priority: realism about what can be purchased/issued

IV. Umbrella/excess and "who pays first"—primary vs. contributory, multi-policy alignment, avoiding gaps

V. Documentation and compliance: COIs, endorsements, notice language, and audit rights

VI. Drafting context: goods/transit, services, construction, specialty exposures like pollution

VII. Best practices: buyer vs. seller, customer vs. provider.

VIII. Practitioner takeaways

The panel will explore these and other key areas:

  • Translating business risk allocation into insurance terms that can be placed and endorsed
  • Drafting "required coverages" (CGL, auto, workers' comp, property/builder's risk, cargo/transit, specialty lines when triggered)
  • Additional insured requests
  • Primary and noncontributory, priority language
  • Umbrella/excess structure
  • Aligning insurance with indemnity and liability caps