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Certificates of Insurance
“Rolling Stone Syndrome” or You Can’t Always Get What You Want
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Introduction What is(n’t) a certificate of insurance?
Informational snapshot only A certificate cannot modify a policy A certificate is not a contract Three types of certificate requirements Wish list Fallback position Deal breaker
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Uninsurable Requests “Any”… “Primary and noncontributory”
Acts, errors, omissions Claims, costs, expenses, liabilities, penalties, or fines “Primary and noncontributory” What does ‘noncontributory’ mean? Non-CGL policies
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“Illegal” Requests Nonexistent coverage Certificate modifications
Withdrawn additional insured endorsements Transfer of sole negligence Certificate modifications Striking through/amending language/disclaimers ACORD copyright violation Statute, regulation or DOI directive violation
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Inappropriate Requests
Cancellation notice Not provided by most AI endorsements “Endeavor to” may not be feasible Non-ACORD certificates Usually require insurance company approval Improper requests or copyright infringement
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Impractical Requests Unavailable or expensive coverages
Completed operations, EFIS, pollution, etc. Give ample time for market search before bidding Again, not everything is insurable Indemnification is not insurance Beware uninformed or unscrupulous agents
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Recommendations Involve your agent BEFORE bidding and entering into indemnity agreements Independent Insurance Agents & Brokers of America Certificates Resource Center: Contact ME at ____________________
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Final Comment… As the Rolling Stones sang, you can’t always get what you want, but if you try sometime, you just might find…you get what you need.
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