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  1. Completed operations | Ask PIA

    If a general contractor’s contract with a subcontractor contains a hold-harmless agreement that includes “any and all claims” (there is no restriction to bodily injury or property damage and there is no mention of products and completed operations), will the subcontractor’s contractual coverage respond to a completed operations claim?

    Yes. An “insured contract” covers “[t]hat part of any other contract or agreement pertaining to your business under which you assume the tort liability of another party to pay for ’bodily injury’ or ’property damage’ to a third person or organization.” There is no restriction to ongoing operations. “Any...

  2. Certificates—additional insureds | Ask PIA

    Will there be a need to amend any wording on the certificate of insurance in response to the new additional insured endorsements?

    I see no need to amend the ACORD certificate due to the changes made to the ISO endorsements. Of course, certificate holders may begin asking for a specific edition date of additional insured endorsements; similar to requests for the 1985 edition when “your work” was changed to “ongoing operations.” However,...

  3. CGL blanket additional insured endorsement | Ask PIA

    Do the ISO Commercial General Liability Coverage Form (CG 00 01) and a proprietary blanket additional insured endorsement satisfy the following statement that a landlord is requiring on the certificate? XXXX, LLC and all direct and indirect subsidiaries or owners of these companies, their respective officers, directors, agents and employees...

    If officers, directors, agents and employees of the landlord are required to be covered according to the lease, the ISO CG 20 11 Additional Insured—Managers Or Lessors Of Premises endorsement would need to expressly state this. There is no standard ISO form to automatically include other parties when required in...

  4. Unsafe workplace | Ask PIA

    Can an employee sue an employer for an unsafe workplace?

    Workers' compensation benefits are the exclusive remedy for injuries to employees who are subject to the Workers' Compensation Law. However, employees who are not subject to the Workers' Compensation Law can sue their employer.

  5. Deleting an additional insured | Ask PIA

    What would be the guidelines for deleting an additional insured from the policy?

    Endorsements that do not include completed operations should be removed from the policy at renewal if the insured indicates in writing that the work has been completed. Endorsements that include completed operations should not be removed until the insured indicates in writing that the time period required in the...

  6. Completed operations liability | Ask PIA

    Could you please clarify the relationship between contractual liability and the additional insured endorsement with regard to completed operations coverage?

    Some of the ISO additional insured endorsements limit coverage to ongoing operations. An appropriate ISO endorsement would be needed to cover completed operations; such as, the Insured—Owners, Lessees or Contractors—Completed Operations (CG 20 37) endorsement. On the other hand, if the indemnification in the governing contract includes damages for completed...

  7. Guaranty associations | Ask PIA

    Is there a guaranty fund in New Hampshire? What types of policies are protected by the fund?

    New Hampshire has guaranty associations to protect its insurance consumers, to ease the burden of policyholders and claimants who have claims against insolvent carriers by taking the responsibility of paying most claims following the insolvency. The New Hampshire Insurance Guaranty Association provides payment for covered claims for carriers that...

  8. Primary language on certificates | Ask PIA

    If “primary” coverage is already built into most subcontractors’ general liability policies, why won’t their insurance carriers allow us to add “primary” language onto a certificate?

    Since the policy states that coverage is primary unless it falls within the exceptions described under item b. of 4. Other Insurance, I see no reason not to offer a statement on the certificate that coverage is primary. However, most certificate holders also are requiring “noncontributory” insurance. This is...

  9. Amendment of insured contract | Ask PIA

    Could you explain the changes in the Amendment of Insured Contract Definition (CG 24 26) endorsement?

    Item f. of an “insured contract” as defined in the ISO Commercial General Liability policy covers any tort liability assumption involving bodily injury or property damage. The 2004 revision contained in the CG 24 26 endorsement limits those assumptions only to when the damages are caused, in whole or in...

  10. Net quote | Ask PIA

    May an insurance producer provide a ‘net quote’ and forgo commission?

    No. In New York state, this is prohibited. The practice violates New York’s insurance rating and anti-rebating laws. On Sept. 19, 2000, the New York State Department of Financial Services’ Office of General Counsel addressed this topic in an informal opinion. They had been asked if an insurance agent or...

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