So, you followed the advice of your Kapnick service team and obtained a Certificate of Insurance from your supplier or subcontractor naming you Additional Insured. You even asked them to redo it to add “Primary and Non-Contributory” and “Waiver of Subrogation” wording. A few of you even went so far as to get the actual endorsement (we are very proud of you)!
So what does it do for you? Possibly nothing. There has been a major change to most all Additional Insured Endorsements. Insurance companies added a requirement that your Additional Insured is only valid “if required by written contract”. No written contract, no Additional Insured.
The actual wording is something like: Who Is an Insured is amended to include as an Additional Insured any person or organization whom you are required to add as an Additional Insured on this policy under a written contract or written agreement.
Consider the Cleveland Indians Baseball Co. v. New Hampshire Ins. Co., 727 F.3d 633 (6th Cir. 2013)
All of our clients (and everyone else) needs to review their contracts, purchase orders and all other forms used to engage suppliers and subcontractors to make sure the requirement for additional insured is in writing.
If your business frequently conducts business without a PO or contract, talk with your Kapnick Service Team. We can offer help.
So remember, being named an Additional Insured is now a two-step process. One, get a proper certificate or endorsement and two, require this by contract.
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