Note: ISO’s CGL Forms Filing GL-2018-OFR18 has a number of changes, revising existing AI related endorsements and introducing new ones. The three endorsements below are the ones that immediately caught my eye. If time permits, in the near future, I’ll write a blog post about some of the other changes OR (more likely) I’ll link to a reliably accurate article from another source like IRMI or the Big “I” Virtual University.
Currently in ISO’s CGL program, you can automatically extend ongoing operations coverage to additional insureds using the CG 20 33 or CG 20 38 additional insured endorsements. However, completed operations can only be extended to specifically named additional insureds via the CG 20 37 endorsement (which can also be used with specifically-named ongoing operations additional insured endorsements like the CG 20 10 and CG 20 26).
In a month or so in most ISO jurisdictions, that will no longer be the case. ISO in introducing two new additional insured endorsements:
- CG 20 39 12 19 — Additional Insured – Owners, Lessees Or Contractors – Automatic Status When Required In Written Construction Agreement With You (Completed Operations)
- CG 20 40 12 19 — Additional Insured – Owners, Lessees Or Contractors – Automatic Status For Other Parties When Required In Written Construction Agreement (Completed Operations)
The CG 20 39 is designed to work with the CG 20 33 to extend both completed and ongoing operations coverage, respectively, to additional insureds. The CG 20 40 is designed to work with the CG 20 38 to extend both completed and ongoing operations coverage, respectively, to additional insureds.
Coverage under all four of the aforementioned endorsements is only triggered by a written contract or agreement requiring such coverage. The CG 20 33 and CG 20 39 require “contract privity.” If you don’t know what that is, check out this article. The CG 20 38 and CG 20 40 are the superior endorsements and should be requested by agents since coverage does not require contract privity and applies to anyone required to be an additional insured under the contract that performs operations for the CGL insured.
In addition, ISO is introducing an automatic subrogation waiver endorsement as an alternative to its scheduled name CG 24 04 waiver endorsement:
- CG 24 53 12 19 — Waiver Of Transfer Of Rights Of Recovery Against Others To Us (Waiver Of Subrogation) – Automatic
So, why did ISO introduce these incredibly practical and useful forms?
I worked for the Independent Insurance Agents & Brokers of America (The Big “I”) for 17 years. One of the Big “I”‘s best kept secrets is their technical affairs advocacy with ISO, AAIS, NCCI, ACORD, and others. The Big “I”‘s National Technical Affairs Committee has met with ISO at their headquarters annually for decades. In addition, about 20 Big “I” state associations belong to the Mid-America Insurance Conference that meets annually with these organizations in the Midwest…in fact, this conference just ended yesterday.
Each of these Big “I” organizations prepare agendas that, for example, ask ISO to change existing policy forms and add new forms that benefit insurance consumers and the industry. These agendas are often 150+ pages in length. The endorsements discussed above are examples of new marketplace forms these conferences have requested. Quite possibly, the only reason these endorsements exist is because either or both of those groups advocated with ISO on behalf of independent insurance agents and their customers.
I wanted to identify the source of these excellent new marketplace products to demonstrate what can be accomplished for the entire industry by small groups of highly motivated and persuasive insurance professionals. And none of this cost millions and millions of dollars in lobbying, PAC expenses, or proverbial wining and dining of insurance company executives. It’s the best bargain in the industry and few people in the industry know anything about it.
If you are an agency member of the Big “I” in one of the 20 or so participating Big “I” states or you’re an independent agency insurer, you can send representatives to the Mid-America Insurance Conference. From a coverage knowledge standpoint, you will learn more in two days at this meeting than in two years of CE classes. Some of the very best insurance coverage experts in the country attend this conference. If you’re an agent in a Big “I” state that does not participate in the Mid-America Insurance Conference, encourage your state association to join to enable your attendance.
If you have questions about the Big “I”‘s technical affairs advocacy and how you can participate or support it, including the Mid-America Insurance Conference, contact my successor at the Big “I”, Chris Boggs, at firstname.lastname@example.org.
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