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Presentation transcript:

. Additional Insureds

. Waiver of Subrogation Requirements Definition of subrogation and waiver 2

. Subrogation:  The assignment to an insurer by terms of the policy or by law, after payment of a loss, of the rights of the insured to recover the amount of the loss from one legally liable for it. 3

. CGL Form Language - CG Conditions 8. Transfer Of Rights Of Recovery Against Others To Us If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring “suit” or transfer those rights to us and help us enforce them 4

. CGL Waiver of Subrogation Endorsement – CG  Only applies to named party  Only applies to payment for injury or damage arising out of ongoing operations or “your work”  Does not apply to “products” 5

. Waiver of Transfer of Rights of Recovery Against Others To Us - CG We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products-completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. 6

. Business Auto Coverage Form Language - CA SECTION IV – BUSINESS AUTO CONDITIONS 5. If any person or organization to or for whom we make payment under this Coverage Form has rights to recover damages from another, those rights are transferred to us. That person or organization must do everything necessary to secure our rights and must do nothing after “accident” or “loss” to impair them Business Auto Waiver of Subrogation Endorsement CA Waiver of Transfer of Rights of Recovery Against Others to Us: Only applies when subrogation is waived prior to an “accident” with the party named in the schedule Waiver Of Transfer Of Rights Of Recovery Against Others To Us (Waiver Of Subrogation) CA SCHEDULE Name(s) Of Person(s) Or Organization(s): Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Oth­ers To Us Condition does not apply to the person(s) or organiza­tion(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "ac­ cident" or the "loss" under a contract with that person or or­ganization. 7

. Workers Compensation Coverage Form Language - WC A PART ONE WORKERS COMPENSATION INSURANCE G. Recovery From Others We have your rights, and the rights of persons entitled to the benefits of this insurance, to recover our payments from anyone liable for the injury. You will do everything necessary to protect those rights for us and to help us enforce them. 8

. Workers Compensation Coverage Form Language – WC A PART TWO EMPLOYERS LIABILITY INSURANCE H. Recovery From Others We have your rights to recover our payment from anyone liable for an injury covered by this insurance. You will do everything necessary to protect those rights for us and to help us enforce them. 9

. Workers Compensation Coverage Form Language - WC A PART FOUR YOUR DUTIES IF INJURY OCCURS 5. Do nothing after an injury occurs that would interfere with our right to recover from others. 10

. Other Insurance Conditions Clause Primary and Noncontributory Contractual Requirement 11

. Definition of Noncontributory  Policy condition that agrees not to seek contribution from another policy that also applies to the loss  This typically applies to primary liability policies, but can also apply to excess liability policies  Parties seeking coverage as an additional insured will often ask for this policy language to protect their own insurance coverage 12

. Other Insurance Conditions Clause Primary and Noncontributory  Legality of contractual requirement  Statutes and court decisions will determine applicability  No standard endorsement to provide this language 13

. Other Insurance Conditions Clause Primary and Noncontributory  What Does It Mean To The Additional Insured (And The Named Insured)? The additional insured does not want their own insurance to respond to losses until the policy to which they have been added is exhausted 14

. There is more…  There are over 70 slides in this presentation and many more presentations that you will have access to once you join the University. 15