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BT Policyholder Protection Blog
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09 Oct 2017 Four Things to Know About Certificates of Insurance

  One day, you’re asked to provide a Certificate of Insurance (COI) to someone with whom you’re doing business. The next day, you request a COI from another business. Do you know exactly what you’re giving and receiving in these seemingly routine transmissions? Do you get charged a fee for a COI? Here are four key points to keep in mind.   A COI is not an insurance policy   A COI is a form, usually completed by an insurance broker or insurance company, to document the existence of the insurance policy(ies) it describes. A COI often will include language indicating that it does not constitute a contract with the certificate holder, confers no rights on the certificate holder, and does not amend, alter or…

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02 Dec 2014 Getting the Most Out of Your Contractual Insurance Provisions

In business agreements of all types, it is common to require your counterpart to secure and maintain insurance for the term of the agreement. The purpose of requiring insurance is to manage and, hopefully, mitigate risk. For instance, it will help to ensure that your counterpart has coverage in the event that it faces liability arising out of its conduct in furtherance of your agreement. Further, if your contractual insurance requirements are drafted correctly, your counterpart’s insurance can serve as an additional source of coverage for you in the event that you too face liability arising out of your counterpart’s activities.   To determine what types of insurance are necessary for your business arrangement, you must consider the nature of the activities in which your…

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16 Jul 2014 Insurance and indemnity issues arising out of AIA form agreements and contracts.

  On July 14, 2014, Charlie Edwards gave a presentation on indemnity and insurance issues for architects to the Indianapolis Chapter of the American Institute of Architects (AIA).  The presentation covered indemnity and insurance issues arising out of the standard AIA form agreements. It also covered insurance issues related to construction projects, such as additional insured status and forms, insurance implications of “flow-down” provisions in construction contracts and waivers of subrogation.   If you missed the presentation and would like to obtain copies of the materials, or have any questions on these topics, email Charlie Edwards.   Charles EdwardsCharles P. Edwards is co-chair of the firm’s Policyholder Insurance Recovery and Counseling Practice Group, which exclusively represents policyholders in insurance claims and litigation. Mr. Edwards has worked with a…

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29 Apr 2014 General Contractor Held Not to Have Coverage as Additional Insured for Damage Arising Out of its Subcontractor’s “Completed Operations”

  The language contained in policy endorsements dramatically impacts the scope of coverage for additional insureds. In a recent decision, Carl E. Woodward, LLC v. Acceptance Indemnity Insurance, _____ F.3d ____ (5th Cir. 2014), the U.S. Court of Appeals for the Fifth Circuit overruled the district court’s determination that a general contractor was insured as an additional insured on its subcontractor’s commercial general liability (CGL) policy for claims arising out of the allegedly defective work performed by the subcontractor.   The case arose out of a project to build condominiums on the Mississippi Gulf Coast. The general contractor entered into a subcontract for concrete work and was named as an additional insured on the concrete subcontractor’s CGL policy. The subcontractor worked on the project from…

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