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Endorsements

In 2019, ISO introduced three new construction-related endorsements. Two extended automatic insured status for completed operations and one waiving subrogation rights when required by contract. The industry asked and received.
ISO endorsements are reasonably well understood due to their familiarity; but proprietary endorsements aren’t standardized or always familiar. This means agents must read all endorsements – ISO and especially proprietary endorsements.
ISO released three cannabis exclusion endorsements for use with the commercial general liability policy (CGL) with effective dates of December 1, 2019. All three endorsements exclude cannabis, two have a hemp exception, and one has a lessors’ risk exception.
Insurance Services Office (ISO), in its most recent multistate endorsement revision filing, made a minor change to 25 additional insured endorsements; brought two additional insured endorsements up-to-date and in alignment with most the construction-related additional insured endorsements; added three new non-construction AI endorsement triggered by the presence of a contractual requirement for AI status, and addressed the old problem of newly acquired or created LLCs.
Over the past few years liability insurers have been adding endorsements to attempt to limit their exposure for bodily injury claims on construction sites (not to mention for property damage). One way that insurers have attempted to limit such exposure has been to amend their CGL policy’s “employer’s liability” exclusion to preclude coverage for bodily injury to employees of “any insured” -- as opposed to the standard language, which applies to preclude coverage for employees of “the insured.”
ISO promulgated two endorsements specific to e-cigarettes. One is an absolute exclusion and the second is a bodily injury only exclusion with a key exception. Be wary when either is attached.
There is an entire generation of insurance agents who are totally unaware that insured status has not always been extended to Trusts and volunteer workers in the commercial general liability (CGL) policy. After all, these entities and individuals were first granted insured status near the turn of the century, way back in the 2001 edition of the CGL. But these additions initially applied only to the CGL forms (CG 00 01 and CG 00 02) and none of the other liability coverage forms. Now agents have the option to extend insured status to Trusts and volunteers in other liability forms.
Perhaps a large majority of all businesses are subject to data breach liability whereby someone steals or makes unauthorized use of personal or confidential information, often of customers. Such data breaches have resulted in lawsuits and government sanctions. While most “ISO standard” policies do not cover most types of data breaches, ISO has introduced a number of liability data breach exclusion endorsements.
Insurance Services Office (ISO) introduced several changes to liquor liability coverage in its most recent multi-state general liability filing. These changes include: 1) Four additional insured endorsements were created for use with the Liquor Liability coverage form; 2) The CG 20 01 – Primary and Noncontributory – Other Insurance Condition endorsement is now available for use with the Liquor Liability coverage form; and 3) A new alternate endorsement was created to address liability coverage for a “bring your own” (BYO) establishment.
In its December 2019 multi-state filing, ISO made alterations to its two existing wrap-up exclusionary endorsements, the CG 21 31 and the CG 21 54. In addition to these edits, ISO also made available two additional wrap-up exclusionary endorsements, the CG 40 07 and the CG 40 08.
Based on the number of 'Ask an Expert' questions we're getting, there appears to be an increasing use of the the CGL 'Designated Premises' endorsement. Generally speaking, this is something your insured wants to avoid. On top of that, we're seeing it used for the wrong reason and/or used to accomplish something the insurer thinks it accomplishes but really doesn't.
The CG 22 92 purports to extend completed operations coverage to snow plow operations via exception to CGL Exclusion g. However, this flies in the face of most interpretations that the CGL policy provides completed operations coverage for exposures created by the prior operation of an auto.
A lawn maintenance company was hired to fertilize a residential client's lawn. The lawn was damaged by the application of the incorrect fertilizer and needed to be replaced. The carrier denied the claim based on the determination that the lawn was part of 'your work' and excluded. Is this correct?
One of the most common contractual requirements your commercial insureds face is a requirement to waive a right of subrogation. Most often, these waivers are one-sided when it comes to general liability, but mutual with regard to property damage under lease agreements. They can also arise under business auto, workers compensation, marine, umbrella, and other exposures. In this article, we'll explore some typical provisions and how they can be effected under various insurance policies.
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