Presentation provides a basic review of the New York Construction Certificate of Liability Insurance Addendum from A to M.

1. 855 NY FORM
ADDENDUM

2. RISK STRATEGIES:
AVOID
PREVENT
MITIGATE
TRANSFER BY CONTRACT
TRANSFER BY INSURANCE
RETAIN

3. RISK STRATEGIES:
AVOID
PREVENT
MITIGATE
TRANSFER BY CONTRACT
TRANSFER BY INSURANCE
RETAIN

4. KEY QUESTION:
DOES THE PARTY
ASSUMING RISK HAVE
PROPER COVERAGE FOR
THE EXPOSURE?

5. ANSWER ONE OF TWO WAYS

6. READ THE POLICIES

7. OR …

8. COVERAGE IMPORTANCE WHEN
ACCEPTING RISK:
INSURE TRANSFER OF RISK
PROTECT CASHFLOW
PROTECT ASSETS
POTENTIALLY SURVIVAL

9. COVERAGE IMPORTANCE WHEN
TRANSFERRING RISK:
DOLLARS TO PAY CLAIMS
PRESERVE LIMITS
IMPROVE LOSS HISTORY
LOWER SEVERITY EXPOSURE
ENHANCE CARRIER DESIRABILITY
LOWER RATES
INCREASED COMPETITIVENESS

10. BREAKING IT DOWN
A TO M

11. A
ADMITTED/AUTHORIZED:
“SO WHAT”: FORMS AND
POLICY LANGUAGE FILED AND
APPROVED
EXCESS OR FREE TRADE
“SO WHAT”: UNKNOWN
SCRIPTED LANGUAGE NOT
FILED OR APPROVED

12. ISO / ISO MODIFIED:
“SO WHAT”: KNOWN
STANDARD LANGUAGE
EXCESS OR FREE TRADE
“SO WHAT”: UNKNOWN
SCRIPTED LANGUAGE
B

13. RESTRICTED/EXCLUDED OPS:
LOCATION
TYPE OF CONSTRUCTION
BUILDING HEIGHT
CLASSIFICATIONS
DESIGNATED WORK
“SO WHAT”:
UNCOVERED RISK!
C

14. LOOK OUT!

15. EXCLUSIONS:
CG 21 00 DESIGNATED PREMISES
CG 21 34 DESIGNATED WORK
CG 21 44 LIMITATION
CG 21 53 DESIGNATED OPERATION
CG 21 86 EXTERIOR SYSTEMS
NON-STANDARD ENDORSEMENTS

16. THE PLAYERS:
OWNER GC SUB
CLMT
D
ADDITIONAL INSURED

17. ADDITIONAL INSURED
)
OWNER GC
CLMT
CLAIM
)

18. ADDITIONAL INSURED
HERE YOU GO
I’M AN AI!
OWNER GC
CLMT
)
)
)

19. ADDITIONAL INSURED
OWNER GC
CLMT
)
)
)

20. ADDITIONAL INSURED
)
GC
CLMT
SUB
CLAIM
)

21. ADDITIONAL INSURED
GC
HERE YOU GO
I’M AN AI!
CLMT
SUB
CLAIM
)
)

22. ADDITIONAL INSURED
GC
)
CLMT
SUB
)

23. ADDITIONAL INSURED
OWNER GC
CLMT
CLAIM
SUB
)
)
)

24. ADDITIONAL INSURED
OWNER GC
CLMT
SUB
I’M AN AI! ) )
)
CLAIM

25. ADDITIONAL INSURED
OWNER GC
CLMT
SUB
ME TOO! )
)
)
CLAIM

26. ADDITIONAL INSURED
OWNER GC
CLMT
SUB
)
)
)

27. LOOK CLOSE:
ADDITIONAL INSURED STATUS?

28. CG 20 10:
ADDITIONAL INSURED -
OWNERS, LESSEES OR
CONTRACTORS - SCHEDULED
PERSON OR ORGANIZATION

29. CG 20 26:
ADDITIONAL INSURED -
DESIGNATED PERSON OR
ORGANIZATION

30. CG 20 32:
ADDITIONAL INSURED -
ENGINEERS, ARCHITECTS OR
SURVEYORS NOT ENGAGED BY
THE NAMED INSURED

31. CG 20 33:
ADDITIONAL INSURED -
OWNERS, LESSEES OR
CONTRACTORS - AUTOMATIC
STATUS WHEN REQUIRED IN
CONSTRUCTION AGREEMENT
WITH YOU

32. CG 20 37:
ADDITIONAL INSURED -
OWNERS, LESSEES OR
CONTRACTORS - COMPLETED
OPERATIONS

33. CG 20 38:
ADDITIONAL INSURED -
OWNERS, LESSEES OR
CONTRACTORS - AUTOMATIC
STATUS FOR OTHER PARTIES
WHEN REQUIRED IN WRITTEN
CONSTRUCTION AGREEMENT

34. PRIMARY AND NONCONTRIBUTORY
CG 20 01: PRIMARY AND
NONCONTRIBUTORY - OTHER
INSURANCE CONDITION
“SO WHAT”:
TRANSFERS RISK AS REQUIRED
BY CONTACT!
E

35. PRIMARY AND
NONCONTRIBUTORY
GC
CLMT
SUB
)
)
CLAIM

36. PRIMARY AND
NONCONTRIBUTORY
GC
CLMT
SUB
HERE YOU GO
I’M AN AI!
)
)
CLAIM

37. GC
)
CLMT
SUB
PRIMARY AND
NONCONTRIBUTORY
)

38. WITHOUT PRIMARY AND
NONCONTRIBUTORY
GC
CLMT
SUB
)
)
CLAIM

39. WITHOUT PRIMARY AND
NONCONTRIBUTORY
GC
CLMT
SUB
HERE YOU GO
I’M AN AI!
)
)
CLAIM

40. GC
)
CLMT
SUB
WITHOUT PRIMARY AND
NONCONTRIBUTORY
NOT PRIMARY &
YOU CONTRIBUTE
)

41. GC
)
CLMT
SUB
WITHOUT PRIMARY AND
NONCONTRIBUTORY
NOT PRIMARY &
YOU CONTRIBUTE
)

42. F
CANCELATION NOTICE:
“SO WHAT”: CANCELED POLICIES
DON’T RESPOND TO CLAIMS!

43. BLANKET CONTRACTUAL
LIABILITY IN “INSURED
CONTRACT” DEFINITION
REMOVED OR RESTRICTED?
“SO WHAT”:
CONTRACTUAL LIABILITY
SHOULD BE AVAILABLE WHEN
TRANSFERRING RISK BY
CONTRACT! G

44. LOOK OUT FOR CG 2139!

45. EMPLOYERS LIABILITY AND
INJURY TO EMPLOYEES

46. BLANKET CONTRACTUAL
INSURED CONTRACT EXCEPTION TO
EMPLOYER LIABILITY EXCLUSION
REMOVED OR MODIFIED
“SO WHAT”
CONTRACTUAL LIABILITY SHOULD
BE AVAILABLE WHEN
TRANSFERRING RISK BY
CONTRACT! H

47. EMPLOYERS LIABILITY:
“BODILY INJURY TO:
1. AN EMPLOYEE OF THE INSURED
ARISING OUT OF AND IN THE COURSE
OF:
A. EMPLOYMENT BY THE INSURED; OR
B. PERFORMING DUTIES RELATED TO
THE CONDUCT OF THE INSURED’S
BUSINESS;
THIS EXCLUSION DOES NOT APPLY TO
LIABILITY ASSUMED BY THE INSURED
UNDER AND INSURED CONTRACT.

48. INJURY TO EMPLOYEES
GL DOES NOT COVER ADDITIONAL
INSURED FOR CLAIMS INVOLVING
INJURY TO EMPLOYEES OF NAMED
INSURED OR SUBCONTRACTORS
“SO WHAT”
NO COVERAGE FOR SCAFFOLDING
(240 LABOR) LAW
I

49. SCAFFOLD - 240 LABOR LAW:
CONTRACTORS & OWNERS
ELEVATION RELATED INJURIES
CONSTRUCTION, REPAIR AND
DEMOLITION
ABSOLUTE LIABILITY
CONTRIBUTING FAULT OR GROSS
NEGLIGENCE IRRELEVANT

50. EXCLUSION OR RESTRICTION
FOR EARTH MOVEMENT,
EXCAVATION, EXPLOSION,
COLLAPSE, UNDERGROUND
PROPERTY ?
“SO WHAT”:
COVERAGE SHOULD BE
AVAILABLE WHEN TRANSFERRING
RISK BY CONTRACT! J

51. INSURED VS. INSURED SUITES:
EXCLUSION OR RESTRICTION
OTHER THAN NAMED INSURED
VS NAMED INSURED!
“SO WHAT”:
COVERAGE SHOULD BE
AVAILABLE WHEN
TRANSFERRING RISK BY
CONTRACT! K

52. LOOK OUT: ISO CGL CROSS LIABILITY
SEPARATION OF INSUREDS WORDING

53. PROPERTY DAMAGE
EXCLUSION FOR WORK
PERFORMED BY SUBS
“SO WHAT”:
“AND THEN…
L

54. … THE WALL
FELL DOWN!”

55. EXCESS/UMBRELLA
IS PRIMARY AND NON-CONTRIBUTORY
FOR
ADDITIONAL INSUREDS
“SO WHAT”:
HORIZONTAL INSTEAD OF
VERTICAL STACKING OF LIMITS
M

56. UMBRELLA WITHOUT PRIMARY
AND NONCONTRIBUTORY
)
GC
CLMT
SUB
UMB GL GL UMB
CLAIM

57. UMBRELLA WITHOUT PRIMARY
AND NONCONTRIBUTORY
)
GC
HERE YOU GO
I’M AN AI!
CLMT
SUB
UMB GL GL UMB

58. UMBRELLA WITHOUT PRIMARY
AND NONCONTRIBUTORY
GC
UMB UMB
)
CLMT
SUB
)
GL
GL

59. UMBRELLA WITH PRIMARY AND
NONCONTRIBUTORY
)
GC
CLMT
SUB
UMB GL GL UMB
)
CLAIM

60. UMBRELLA WITHOUT PRIMARY
AND NONCONTRIBUTORY
)
GC
HERE YOU GO
I’M AN AI!
CLMT
SUB
GL UMB GL UMB
)

61. UMBRELLA PRIMARY AND
NONCONTRIBUTORY
)
GC
)
CLMT
SUB
GL
UMB
UMB
GL

62. ACTION PLAN:
REVIEW COVERAGE
COMPLETE ACORD 855
DOUBLE CHECK

63. PROPER COVERAGE IS CRITICAL!

64. NO SKATING - ATTENTION’S NEEDED!

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