Being named on someone else’s policy, and the difference between that and an indemnity.
Esshaki Legal Media TeamCurrent as of July 2021
Contractual risk transfer generally uses two mechanisms together: an indemnity
from the counterparty, and status as an additional insured on its liability
policy. They fail in different ways, which is why both are used.
Additional insured endorsements vary substantially. Blanket endorsements
cover parties the named insured has agreed in writing to add; scheduled ones
list them. Coverage may be limited to liability caused in whole or in part by
the named insured’s acts, which excludes claims arising from the additional
insured’s sole negligence.
Primary and non-contributory wording is essential; without it, the
additional insured’s own insurer may share the loss and then seek contribution.
Ongoing versus completed operations. Construction contracts require both, or
coverage ends when the work does — precisely when defect claims begin.
Waiver of subrogation prevents the insurer paying a loss from pursuing the
other contracting party.
Verification. A certificate of insurance is not a policy and confers no
rights; it is evidence only. Request the endorsement itself for material
relationships.
Anti-indemnity statutes in many states void broad indemnities in construction
contracts, and some restrict additional insured requirements as well, which
makes state law the starting point for drafting these provisions.