Coverage for contractual risk transfer and additional insured issues
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Who We Are. Ranked among the largest specialty insurance brokers in the United States. 400 insurance professionals in 11 offices. Colemont has been independent since it was founded in 1992.

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Who We Are

Ranked among the largest specialty insurance brokers in the United States.

400 insurance professionals in 11 offices.

Colemont has been independent since it was founded in 1992.

Colemont launched an international expansion in 2005 and now nearly 300 employees overseas with offices in 15 countries.

Premium Volume Growth


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Why We’re Different

  • Totally Independent: Colemont was founded on the premise that the insurance marketplace would always need – even demand – a truly independent wholesale specialty broker. Independent in that we were not affiliated with a U.S. retail operation.

  • Passion for Service: We understand that quick reaction times and a work product that is comprehensively responsive to your client’s needs make you look good; and when you look good, we look good.

  • Product and Coverage Expertise: Colemont’s brokers are routinely asked to find just the right answer to difficult or even one-of-a-kind coverage needs. Generally, each of our brokers specializes in a particular product area – e.g. property, professional liability, etc. – and are well-versed in the intricacies and nuances different coverage parts provide. By virtue of being a national firm, brokers are encouraged to reach out to other Colemont brokers to question and collaborate. Also, many of our brokers have prior retail and/or underwriting experience, which allows them to better communicate with their clients.

  • Unmatched Market Access: Colemont’s brokers have access to more than 400 markets – domestically and internationally. More choices mean more options for your insured.

  • Culture: Integrity, urgency, creativity, service, teamwork, and intensity.

  • Proprietary Market Intelligence Systems: Allows us to quickly identify the best markets meeting the needs of your customers.


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Your Colemont Brokers

Gary Grindle, CPCU, CRIS, ASLIgary.grindle@colemont.com

Products:  Casualty . Property & Inland/Ocean Marine

Specialties: Construction, Manufacturing & International

Philip Chesterphilip.chester@colemont.com

Products:  Financial Services

Specialties: Medical Malpractice

Mike O'Brienmichael.obrien@colemont.com

Products:  Financial Services

CALL: (877) 644-3284


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Jeffrey J. Vita is a founding partner of Saxe Doernberger & Vita, P.C., a Connecticut-based firm dedicated to the representation of policyholders in insurance coverage disputes. In the last several years, Mr. Vita has focused his practice on the representation of business policyholders in insurance coverage matters implicating coverage under comprehensive general liability, directors & officers, professional liability, commercial property, and health insurance related policies.

Mr. Vita has handled coverage cases related to construction, professional malpractice, healthcare, business interruption, employment, disability, and environmental claims. He has successfully tried numerous court trials and commercial arbitrations. Currently, Mr. Vita is representing healthcare providers in connection with disputes arising out of the provider/payer relationship against several large HMOs. He also has authored numerous articles on insurance coverage issues and has lectured frequently on a variety of insurance coverage topics including additional insured issues, bad faith claims, allocation of coverage, and the duty to defend.

jjv@sdvlaw.com

Tobias J. Cushing represents clients in insurance coverage disputes involving commercial general liability, commercial property , directors & officers and professional liability insurance. In particular, he has handled cases involving environmental liability, construction defects and healthcare provider reimbursement disputes. Mr. Cushing has also consulted with a number of clients to improve their existing insurance programs and has represented them in renewal negotiations with insurance carriers. Since joining SDV he has argued various motions, tried cases and represented clients in a number of settlement negotiations and commercial transactions.

During law school he worked at the Connecticut Attorney General's Office and was an extern in the Federal District Court of Connecticut and the New Haven Superior Court. Mr. Cushing's LLM in Insurance Law from the University of Connecticut School of Law has provided him with a broad based knowledge in: Insurance Regulation, Insurance Finance, Property Insurance, Liability Insurance, Insurance Litigation, Life and Health Insurance, and Reinsurance.

tjc@sdvlaw.com


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Jeffrey J. Vita and Edwin L. Doernberger Vita, P.C., a Connecticut-based firm dedicated to the representation of policyholders in insurance coverage disputes. In the last several years, Mr. Vita has focused his practice on the representation of business policyholders in insurance coverage matters implicating coverage under comprehensive general liability, directors & officers, professional liability, commercial property, and health insurance related policies.

Saxe, Doernberger & Vita, P.C.

Coverage for Contractual Risk Transfer

and Additional Insured Issues

Jeffrey J. Vita

Tobias J. Cushing

Harrisburg, PA

9/10/08


Outline l.jpg
Outline Vita, P.C., a Connecticut-based firm dedicated to the representation of policyholders in insurance coverage disputes. In the last several years, Mr. Vita has focused his practice on the representation of business policyholders in insurance coverage matters implicating coverage under comprehensive general liability, directors & officers, professional liability, commercial property, and health insurance related policies.

  • Introduction

  • Contractual Indemnity

  • Additional Insured Coverage

  • Co-Insurance Issues re: AI Coverage

  • Certificates of Insurance

  • Waiver of Subrogation

  • Case Studies

  • Discussion


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Risk Transfer Vita, P.C., a Connecticut-based firm dedicated to the representation of policyholders in insurance coverage disputes. In the last several years, Mr. Vita has focused his practice on the representation of business policyholders in insurance coverage matters implicating coverage under comprehensive general liability, directors & officers, professional liability, commercial property, and health insurance related policies.


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Risk Transfer Vita, P.C., a Connecticut-based firm dedicated to the representation of policyholders in insurance coverage disputes. In the last several years, Mr. Vita has focused his practice on the representation of business policyholders in insurance coverage matters implicating coverage under comprehensive general liability, directors & officers, professional liability, commercial property, and health insurance related policies.

3rd Party Liability Insurance

1st Party Insurance

Additional

Insured

Coverage

CGL

Professional

Pollution

Builders Risk

Subcontractor

Default Insurance

Commercial

Property

Subcontractor Indemnity

Contractual Rights


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Effect of Indemnity Provisions Vita, P.C., a Connecticut-based firm dedicated to the representation of policyholders in insurance coverage disputes. In the last several years, Mr. Vita has focused his practice on the representation of business policyholders in insurance coverage matters implicating coverage under comprehensive general liability, directors & officers, professional liability, commercial property, and health insurance related policies.

  • May shift payment of defense to sub/indemnitor

  • May shift indemnification to sub/indemnitor


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Risk Allocation through Contract Vita, P.C., a Connecticut-based firm dedicated to the representation of policyholders in insurance coverage disputes. In the last several years, Mr. Vita has focused his practice on the representation of business policyholders in insurance coverage matters implicating coverage under comprehensive general liability, directors & officers, professional liability, commercial property, and health insurance related policies.

  • GC/CM contract, subcontract, side agreement

  • Specific paragraphs for indemnity

  • Hidden provisions throughout contract

Contract Language

Policy Language

Insured Contract


Contract language l.jpg
Contract Language Vita, P.C., a Connecticut-based firm dedicated to the representation of policyholders in insurance coverage disputes. In the last several years, Mr. Vita has focused his practice on the representation of business policyholders in insurance coverage matters implicating coverage under comprehensive general liability, directors & officers, professional liability, commercial property, and health insurance related policies.

“…the Subcontractor agrees to indemnify and save [GC] harmless of all loss, cost, expense, liability, damage or injury, including legal fees and disbursements …”

Risk Allocation

Policy Language

Insured Contract


Policy language l.jpg
Policy Language Vita, P.C., a Connecticut-based firm dedicated to the representation of policyholders in insurance coverage disputes. In the last several years, Mr. Vita has focused his practice on the representation of business policyholders in insurance coverage matters implicating coverage under comprehensive general liability, directors & officers, professional liability, commercial property, and health insurance related policies.

This exclusion does not apply to liability for damages:

(1) Assumed in a contract or agreement that is an “insured contract,” provided the “bodily injury” or “property damage” occurs subsequent to the execution of the contract or agreement; or

(2) That the insured would have in the absence of the contract or agreement

Risk Allocation

Contract Language

Insured Contract


Insured contract l.jpg
Insured Contract Vita, P.C., a Connecticut-based firm dedicated to the representation of policyholders in insurance coverage disputes. In the last several years, Mr. Vita has focused his practice on the representation of business policyholders in insurance coverage matters implicating coverage under comprehensive general liability, directors & officers, professional liability, commercial property, and health insurance related policies.

That part of any other contract or agreement…under which you assume the tort liability of another party to pay for “bodily injury” or “property damage” to a third person

Risk Allocation

Contract Language

Policy Language


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Not Covered Vita, P.C., a Connecticut-based firm dedicated to the representation of policyholders in insurance coverage disputes. In the last several years, Mr. Vita has focused his practice on the representation of business policyholders in insurance coverage matters implicating coverage under comprehensive general liability, directors & officers, professional liability, commercial property, and health insurance related policies.

Covered

Indemnity: What is Covered?

Liability

Indemnity


Contractual indemnity v ai coverage l.jpg
Contractual Indemnity v. AI Coverage Vita, P.C., a Connecticut-based firm dedicated to the representation of policyholders in insurance coverage disputes. In the last several years, Mr. Vita has focused his practice on the representation of business policyholders in insurance coverage matters implicating coverage under comprehensive general liability, directors & officers, professional liability, commercial property, and health insurance related policies.

  • AI coverageand indemnity operate independently

  • Indemnity covered as contractual liability

  • AI coverage determined by policy and AI endorsement

  • AI coverage not limited by states’ anti-indemnity laws


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Ten Minute Vita, P.C., a Connecticut-based firm dedicated to the representation of policyholders in insurance coverage disputes. In the last several years, Mr. Vita has focused his practice on the representation of business policyholders in insurance coverage matters implicating coverage under comprehensive general liability, directors & officers, professional liability, commercial property, and health insurance related policies.Break


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Benefits of AI Status Vita, P.C., a Connecticut-based firm dedicated to the representation of policyholders in insurance coverage disputes. In the last several years, Mr. Vita has focused his practice on the representation of business policyholders in insurance coverage matters implicating coverage under comprehensive general liability, directors & officers, professional liability, commercial property, and health insurance related policies.

  • Supplement to contractual indemnity

  • Protects GC from own negligence and vicarious liability

  • Prohibits subrogation

  • Avoids impact to GC’s loss history


Ai issues l.jpg
AI Issues Vita, P.C., a Connecticut-based firm dedicated to the representation of policyholders in insurance coverage disputes. In the last several years, Mr. Vita has focused his practice on the representation of business policyholders in insurance coverage matters implicating coverage under comprehensive general liability, directors & officers, professional liability, commercial property, and health insurance related policies.

  • Who is an “Insured”?

    • Blanket Endorsement

    • Specifically Named

  • Notice to Insurer


Evolution of the ai endorsement l.jpg
Evolution of the AI Endorsement Vita, P.C., a Connecticut-based firm dedicated to the representation of policyholders in insurance coverage disputes. In the last several years, Mr. Vita has focused his practice on the representation of business policyholders in insurance coverage matters implicating coverage under comprehensive general liability, directors & officers, professional liability, commercial property, and health insurance related policies.

1985

1993

2001

2004

CG 20 10 11 85 “Arising out of”

CG 20 10 10 93 Limits coverage to “ongoing operations”

CG 20 10 10 01 Excludes coverage for completed operations

CG 20 10 07 04 Replaces “arising out of” with “caused in whole or in part.” Excludes completed operations

CG 20 37 10 01

Reinstates completed operations coverage


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CG 20 10 11 85 Vita, P.C., a Connecticut-based firm dedicated to the representation of policyholders in insurance coverage disputes. In the last several years, Mr. Vita has focused his practice on the representation of business policyholders in insurance coverage matters implicating coverage under comprehensive general liability, directors & officers, professional liability, commercial property, and health insurance related policies.

but only with respect to liability arising out of “your work” for that insured by or for you


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CG 20 10 10 93 Vita, P.C., a Connecticut-based firm dedicated to the representation of policyholders in insurance coverage disputes. In the last several years, Mr. Vita has focused his practice on the representation of business policyholders in insurance coverage matters implicating coverage under comprehensive general liability, directors & officers, professional liability, commercial property, and health insurance related policies.

but only with respect to liability arising out of your ongoing operations performed for that insured.


Cg 20 10 10 01 l.jpg
CG 20 10 10 01 Vita, P.C., a Connecticut-based firm dedicated to the representation of policyholders in insurance coverage disputes. In the last several years, Mr. Vita has focused his practice on the representation of business policyholders in insurance coverage matters implicating coverage under comprehensive general liability, directors & officers, professional liability, commercial property, and health insurance related policies.

This insurance does not apply to “bodily injury” or “property damage” occurring after:

(1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the site of the covered operations has been completed;


Cg 20 37 10 01 l.jpg
CG 20 37 10 01 Vita, P.C., a Connecticut-based firm dedicated to the representation of policyholders in insurance coverage disputes. In the last several years, Mr. Vita has focused his practice on the representation of business policyholders in insurance coverage matters implicating coverage under comprehensive general liability, directors & officers, professional liability, commercial property, and health insurance related policies.

but only with respect to liability arising out of “your work” at the location designated and described in the schedule of this endorsement performed for that insured and included in the “products-completed operations hazard”.


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CG 20 10 07 04 Vita, P.C., a Connecticut-based firm dedicated to the representation of policyholders in insurance coverage disputes. In the last several years, Mr. Vita has focused his practice on the representation of business policyholders in insurance coverage matters implicating coverage under comprehensive general liability, directors & officers, professional liability, commercial property, and health insurance related policies.

Section II – Who Is an Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for “bodily injury”, “property damage”… caused, in whole or in part, by:

1. Your acts or omissions; or

2.The acts or omissions of those acting on your behalf;

In the performance of your ongoing operations for the additional insured(s) at the location(s) at

This insurance does not apply to “bodily injury” or “property damage” occurring after:

1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed;


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AI Insurance - Primary v. Excess Vita, P.C., a Connecticut-based firm dedicated to the representation of policyholders in insurance coverage disputes. In the last several years, Mr. Vita has focused his practice on the representation of business policyholders in insurance coverage matters implicating coverage under comprehensive general liability, directors & officers, professional liability, commercial property, and health insurance related policies.

  • As AI, GC is entitled to same protection as named insured

  • Make sure contract and policy are clear that sub’s insurance (primary and excess) will act as primary with GC’s insurance as excess


Ten minute break27 l.jpg
Ten Minute Vita, P.C., a Connecticut-based firm dedicated to the representation of policyholders in insurance coverage disputes. In the last several years, Mr. Vita has focused his practice on the representation of business policyholders in insurance coverage matters implicating coverage under comprehensive general liability, directors & officers, professional liability, commercial property, and health insurance related policies.Break


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Co-Insurance Issues Vita, P.C., a Connecticut-based firm dedicated to the representation of policyholders in insurance coverage disputes. In the last several years, Mr. Vita has focused his practice on the representation of business policyholders in insurance coverage matters implicating coverage under comprehensive general liability, directors & officers, professional liability, commercial property, and health insurance related policies.

  • “Other Insurance”

  • Horizontal v. Vertical exhaustion

    • Horizontal is more common

    • Vertical exhaustion a/k/a targeted tender


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Horizontal v. Vertical Exhaustion-Example Vita, P.C., a Connecticut-based firm dedicated to the representation of policyholders in insurance coverage disputes. In the last several years, Mr. Vita has focused his practice on the representation of business policyholders in insurance coverage matters implicating coverage under comprehensive general liability, directors & officers, professional liability, commercial property, and health insurance related policies.


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Horizontal v. Vertical Exhaustion-Example Vita, P.C., a Connecticut-based firm dedicated to the representation of policyholders in insurance coverage disputes. In the last several years, Mr. Vita has focused his practice on the representation of business policyholders in insurance coverage matters implicating coverage under comprehensive general liability, directors & officers, professional liability, commercial property, and health insurance related policies.

Trial Court Apportionment of AI Coveragefor Bovis


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Horizontal v. Vertical Exhaustion-Example Vita, P.C., a Connecticut-based firm dedicated to the representation of policyholders in insurance coverage disputes. In the last several years, Mr. Vita has focused his practice on the representation of business policyholders in insurance coverage matters implicating coverage under comprehensive general liability, directors & officers, professional liability, commercial property, and health insurance related policies.

Appellate Court Apportionment of AI Coverage for Bovis


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Ongoing Operations Vita, P.C., a Connecticut-based firm dedicated to the representation of policyholders in insurance coverage disputes. In the last several years, Mr. Vita has focused his practice on the representation of business policyholders in insurance coverage matters implicating coverage under comprehensive general liability, directors & officers, professional liability, commercial property, and health insurance related policies.

  • “Ongoing operations” language in endorsement does not limit AI coverage to losses that occurred while contractor was onsite or while work was in progress

  • SeeValley Ins. Co. v. Wellington Cheswick, 2006 WL 3030282 (W.D. Wash.) (in property damage claim for alleged defective construction of condominium, while property damage may not have occurred during ongoing operations, the alleged liability did)


Completed operations l.jpg
Completed Operations Vita, P.C., a Connecticut-based firm dedicated to the representation of policyholders in insurance coverage disputes. In the last several years, Mr. Vita has focused his practice on the representation of business policyholders in insurance coverage matters implicating coverage under comprehensive general liability, directors & officers, professional liability, commercial property, and health insurance related policies.

  • Completed Operations coverage addresses continuing liability for an additional insured from the named insured’s work after that work is completed


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Certificates of Insurance Vita, P.C., a Connecticut-based firm dedicated to the representation of policyholders in insurance coverage disputes. In the last several years, Mr. Vita has focused his practice on the representation of business policyholders in insurance coverage matters implicating coverage under comprehensive general liability, directors & officers, professional liability, commercial property, and health insurance related policies.

  • Do not rely on certificate of insurance as evidence that you are an AI

  • Obtain all policies and endorsements at start of each project from the subcontractors including all renewals

    • At a minimum obtain declaration page, AI endorsement and certificate of insurance


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Subrogation Vita, P.C., a Connecticut-based firm dedicated to the representation of policyholders in insurance coverage disputes. In the last several years, Mr. Vita has focused his practice on the representation of business policyholders in insurance coverage matters implicating coverage under comprehensive general liability, directors & officers, professional liability, commercial property, and health insurance related policies.

  • Subrogation allows a party who has paid a loss or debt on the part of another to succeed to the rights of that other party to pursue recovery from a third party who was responsible for causing the loss

  • The right to subrogation can be waived prior to loss


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Waiver of Subrogation Vita, P.C., a Connecticut-based firm dedicated to the representation of policyholders in insurance coverage disputes. In the last several years, Mr. Vita has focused his practice on the representation of business policyholders in insurance coverage matters implicating coverage under comprehensive general liability, directors & officers, professional liability, commercial property, and health insurance related policies.

  • Allocate the risk of property damage and do not permit reallocation through subrogation

    • Contractually waive subrogation

      and/or

    • Include party and all of its subcontractors as insureds since insurers can not subrogate against their own insureds


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Texas High School Vita, P.C., a Connecticut-based firm dedicated to the representation of policyholders in insurance coverage disputes. In the last several years, Mr. Vita has focused his practice on the representation of business policyholders in insurance coverage matters implicating coverage under comprehensive general liability, directors & officers, professional liability, commercial property, and health insurance related policies.


Florida condominium l.jpg
Florida Condominium Vita, P.C., a Connecticut-based firm dedicated to the representation of policyholders in insurance coverage disputes. In the last several years, Mr. Vita has focused his practice on the representation of business policyholders in insurance coverage matters implicating coverage under comprehensive general liability, directors & officers, professional liability, commercial property, and health insurance related policies.


Connecticut hospital l.jpg
Connecticut Hospital Vita, P.C., a Connecticut-based firm dedicated to the representation of policyholders in insurance coverage disputes. In the last several years, Mr. Vita has focused his practice on the representation of business policyholders in insurance coverage matters implicating coverage under comprehensive general liability, directors & officers, professional liability, commercial property, and health insurance related policies.


New york synagogue l.jpg
New York Synagogue Vita, P.C., a Connecticut-based firm dedicated to the representation of policyholders in insurance coverage disputes. In the last several years, Mr. Vita has focused his practice on the representation of business policyholders in insurance coverage matters implicating coverage under comprehensive general liability, directors & officers, professional liability, commercial property, and health insurance related policies.