“Additional insured” clauses most often start with a contract requiring the first party to name the second party as an additional insured under the first party’s insurance policy. This is frequently found with or near a contract clause requiring the first party to indemnify, defend and hold harmless the second party. However, additional insured provisions can shift risk onto a not-at-fault party even when a hold harmless provision would not, or an “anti-indemnity” statute might prohibit it.
Join Partner Tim Thornton on November 12 at 10 am PST for a complimentary webinar to discuss insurance policy language developments and how insurers have rewritten endorsements for more precise underwriting. He will also cover:
• The most frequently litigated additional insured provisions.
• What “causal link” is sufficient to demonstrate fault.
• The effect of different additional insured endorsement language.
• How umbrella and excess policies may come into play.
Please Note: This article is necessarily general in nature and is not a substitute for legal advice with respect to any particular case. Readers should consult with an attorney before taking any action affecting their interests.