Category Archives: Indemnity clauses

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INSURANCE POLICY RISK TRANSFERENCE – 2 WAYS

Posted in Additional insured coverage, Commercial General Liability (CGL), Contract liability coverage, Indemnity clauses, Risk transference

How does a policyholder enforce a contract in which one party assumes the risk of another?    Let’s break it down two ways: By additional insured (AI) endorsement.  AI is an insured. Insurer owes AI fiduciary duties. AI must follow policy terms for coverage. … Continue reading

3 STEPS TO RAILROAD RISK TRANSFERENCE

Posted in Additional insured coverage, Indemnity clauses, Insurance contract, Railroad endorsement, Railroad indemnity, Railroad protective insurance coverage, Risk transference

There are three essential steps to railroad risk transference through insurance: 1.     Add an indemnity clause to all contracts making clear that you are asking for indemnity for the contractor’s or vendor’s negligence.   If you do intend to seek indemnity for the railroad’s … Continue reading

HOW TO GET INDEMNITY IN A CONSTRUCTION CONTRACT

Posted in Additional insured coverage, Commercial General Liability (CGL), Construction liability, Contract liability coverage, Indemnity clauses, Uncategorized

Most Midwest states have specific statutes that bar one party from asking for indemnity from another party in a construction related contract.  Iowa, Kansas and Missouri do not.  However, Nebraska, North Dakota, South Dakota and Minnesota do. All parties to any contract that involves any type … Continue reading

HOW TO PROPERLY INSURE A CONSTRUCTION PROJECT

Posted in Additional insured coverage, Construction liability, Construction subrogation, Indemnity clauses, Insurance contract

  Here are three simple rules for obtaining indemnity and insurance on a construction project if you are the owner or the General Contractor. #1.  Make all subcontractors add you as an additional insured on their CGL policies by endorsement.  Insist upon the ISO 1985 … Continue reading

WHAT RAILROADS SHOULD KNOW ABOUT BEING AN ADDITONAL INSURED BY CONTRACT

Posted in Additional insured coverage, Commercial General Liability (CGL), Contract liability coverage, Indemnity clauses, Railroad endorsement, Railroad indemnity

Railroads can be covered for losses caused in whole or in part by a contractor.  If a railroad is added to the contractor’s Commercial General Liability (CGL) insurance policy as an additional insured, all losses which arise out of the contractor’s work should … Continue reading

EXTENDING ADDITIONAL INSURED COVERAGE BY COURT OPINION

Posted in Additional insured coverage, Commercial General Liability (CGL), Complex insurance coverage, Contract liability coverage, Indemnity clauses, Insurance contract, Property and casualty

I often discuss the role of the courts in broadening coverage for additional insureds in a Commercial General Insurance (CGL) policy.  Here is another case where a court has extending coverage – probably well beyond what the underwriter intended at … Continue reading