ISO’s Additional Insured Endorsement, the Effect of Recent Anti-Indemnity Statutes in Different Jurisdictions, Impact of Indemnification Agreements, and the Latest Wave of Claims on Indemnification

February 24, 2015 1:50pm

Wendy Wilcox
Partner
Skane Wilcox LLP

Wendy D. Testa
Partner
Wilson Elser Moskowitz Edelman & Dicker LLP

Brent Cooper
Shareholder
Cooper & Scully, P.C.

  • Addressing the changes with the additional insured form
  • Narrowing the insurance coverage available to a general contractor in most cases under subcontractor’s insurance policy
  • Responsibilities of an additional insured
  • Resolving the disconnect between contract promises and insurance afforded to protect those promises
  • Construction contracts that force liability downwards from the owner to the general contractor to the subcontractor
    • Reducing the risk of liability: subcontractors agreement to indemnify the general contractor and owner even if the fault does not lie with the subcontractors
  • Insurer’s duty to defend
    • Other options for the insurer: litigate and file declaratory judgment or defend under reservation of right
  • Insurers interpretation of anti-indemnity statutes
  • Impact of the language of the indemnification agreement on risk management
    • Avoiding mistakes on drafting
    • Legislation which prohibits certain language in the indemnification agreement