Hand Me That Certificate (of Insurance)!

Just before purchasing a policy, the insured subcontractor says "I need to provide something called a 'Certificate of Insurance' to my general contractor," and add them as an additional insured. What issues does this create from an underwriting or claims perspective?   Notable Timestamps [ 00:15 ] - The adjuster is giving him the Coverage A limits to rebuild the house. But he is also making a claim for Fair Rental Value (Coverage D). ISO HO 00 03 05 11. Is there coverage? [ 01:07 ] - The team diagrams the parties. [ 01:43 ] - Employees, officers, and directors generally qualify as insureds while acting within the scope of their authority. [ 03:36 ] - Endorsements may limit coverage for the additional insured to claims for vicarious liability of the named insured. [ 04:35 ] - First, we must examine whether the insurer owes the additional insured a duty of defense and indemnification under the liability policy. The prime contractor is an insured for purposes of this analysis. [ 06:00 ] - Second, we examine whether the prime contractor's tender of the defense under the indemnification provisions of the subcontract constitutes a covered claim against the named insured under the liability policy. The prime contractor is a claimant for purposes of this analysis. [ 07:55 ] - Certificates of Insurance typically include the name of insured, the policy dates, the policy identification number, the coverage type, and limits. [ 08:35 ] - What happens when the Certificate and the policy come into conflict? [ 10:35 ] - Certificates of Insurance usually state: "THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES." [ 11:17 ] - Let's say the endorsement making the Certificate-holder an additional insured was accidentally omitted from the policy. Case law is inconsistent, but the Certificate's disclaimer is often upheld.  [ 12:41 ] - Let's say the agent made representations on the policy. This would raise issues of actual authority (less likely) and apparent authority (possible).  [ 14:53 ] - Brennan provides a recap of the scenario and the points above. Your PLRB Resources CE Course: Underwriting Issues in Insurance Claims - https://www.plrb.org/courses/underwriting-issues-in-insurance-claims/ Handout: https://www.plrb.org/wp-content/uploads/2024/10/UnderwritingIssues-Scenarios.pdf Coverage Question: Is a General Contractor Entitled to a Defense Based Solely on a Certificate of Insurance? - https://www.plrb.org/documents/is-a-general-contractor-entitled-to-a-defense-based-solely-on-a-certificate-of-insurance-2005-06-21/ Related Case Law: Mingji Ave4 Realty, LLC v. Colony Ins. Co. (2024) - https://www.plrb.org/documents/mingji-ave4-realty-llc-v-colony-ins-co-2024 Employees of member companies also have access to a searchable legal database, hundreds of hours of video trainings, building code materials, weather data, and even the ability to have your coverage questions answered by our team of attorneys (https://www.plrb.org/ask-plrb/) at no additional charge to you or your company. Subscribe to this Podcast Your Podcast App - Please subscribe and rate us on your favorite podcast app YouTube - Please like and subscribe at @plrb LinkedIN - Please follow at "Property and Liability Resource Bureau" Send us your Scenario! Please reach out to us at 630-509-8704 with your scenario! This could be your "adjuster story" sharing a situation from your claims experience, or a burning question you would like the team to answer. In any case, please omit any personal information as we will anonymize your story before we share. Just reach out to [email protected].  Legal Information The views and opinions expressed in this resource are those of the individual speaker and not necessarily those of the Property & Liability Resource Bureau (PLRB), its membership, or any organization with which the presenter is employed or affiliated. The information, ideas, and opinions are presented as information only and not as legal advice or offers of representation. Individual policy language and state laws vary, and listeners should rely on guidance from their companies and counsel as appropriate. Music: "Piece of Future" by Keyframe_Audio. Pixabay. Pixabay License. Font: Metropolis by Chris Simpson. SIL OFL 1.1. Icons: FontAwesome (SIL OFL 1.1) and Noun Project (royalty-free licenses purchased via subscription). Sound Effects: Pixabay (Pixabay License) and Freesound.org (CC0).