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Effective Use of Additional Insured Endorsements to Shift Risk: Contract Analysis, Conflict Identification, and Litigation Strategies - Webinar

  • ID: 4302596
  • Webinar
  • July 2017
  • Region: Global
  • 90 Minutes
  • Lorman Business Center, Inc.
Understand additional insured coverage and requirements, as well as the benefits and pitfalls.

In many fields, particularly construction, risk shifting has a significant impact on the profitability of a project. One of the most effective ways to contractually shift risk is through the use of additional insured and indemnification provisions. Unfortunately, too often those contractual terms are drafted in a manner that allows the opposing party and that party's insurer to deny coverage and as such, refuse to accept the loss.

This topic will provide a how to guide in order to allow counsel and clients, including construction companies, condominium associations, developers and others, to draft solid insurance and indemnification clauses. It will detail the standard and some significant nonstandard additional insured forms so that parties can draft solid requirements for coverage. It will also discuss indemnification provisions and the impact on coverage. The content will discuss some significant nonstandard Commercial General Liability clauses that put owners and general contractors at risk.

In addition, it will provide a how to guide for counsel and risk managers for handling a loss in order to increase the odds that an opposing insurer will accept the loss. It will discuss to whom notice must be given, by whom, and how quickly.

It will cover the reservation of rights letter, and how to respond to it. Finally, it will discuss the potential for conflicts and the obligations of counsel when it comes to potential representation of multiple parties.

Learning Objectives
  • You will be able to describe advantages and disadvantages of standard ISO insured forms and identify certain nonstandard AI endorsements providing limited coverage to additional insureds so parties can draft contract.
  • You will be able to identify certain potentially problematic nonstandard Commercial General Liability policies that limit coverage for the acts of subcontractors.
  • You will be able to recognize the significance, or lack thereof, of a Certificate of Insurance and obtain some ideas on superior methods of verifying coverage.
  • You will be able to discuss potential conflicts of interest when it comes to insurers Reservation of Rights letters and be able to address with the insurer the insureds options.
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The Nature of the Problem
  • A Practical Overview of Risk Shifting
  • The Construction Contract Process and Planning the Project
  • Identifying the Source of the Problem
  • Preparation of Bid Documents
  • Review of Competing Bids and Compliance Issues
Prior to the Loss: Additional Insured Issues and the Contract Requiring Coverage
  • Introduction to the CGL Policy: The Basic Structure of the Policy
  • The Types of AI Forms: ISO vs. Script
  • The Language and Limitations of the Standard CGL AI Forms
  • Nonstandard Forms: Potential Traps for the Owner or General
  • Separation of Insureds: Coverage for the Additional Insured Where the Named Insured Is Excluded
  • Certificates of Insurance - Are They Worth the Paper They Are Written on?
  • Indemnification Clauses, Anti-Indemnification Laws, and the Impact on Coverage
  • CGL Forms for Owners and GCs That Limit Coverage for Actions of Sub-Contractors
The Loss: What to Do When It Goes Wrong
  • Types of Losses and Potential for Coverage
  • Injury Claims
  • Breach of Contract
  • Warranty Issues
  • Notice: Who Is to Give Notice, of What, and When?
  • Notice of Loss, Notice of Suit and Tender of Defense
  • Notice to Producers and Issues of Apparent Agency
  • How Late Is Too Late? Is Prejudice Required?
  • How Many Corners? What Must an Insurer Consider in Evaluating a Tender of Defense?
  • The Reservation of Rights Letter and Conflict Issues/Choice of Defense
  • Conflict Waiver and Representation of Multiple Parties
  • Does Counsel Have an Obligation to Try to Shift the Loss?
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Anthony Karamuzis - Stellato & Schwartz, David M. Lewin - Querrey & Harrow, Ltd.
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This webinar is designed for attorneys, project managers, presidents, vice presidents, owners, contractors, subcontractors, engineers, principals, contract managers, developers, architects, accountants, controllers, CFOs, insurance professionals, risk man
Note: Product cover images may vary from those shown
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