Wow! December is here. Not sure where this year went, but here we are at the height of holiday season once again. It's been a busy fourth quarter with the highlight being our attendance and sponsorship of the IRMI Construction Risk Conference.
As always, the conference was a huge success - everyone who attended logged like 100,000 steps, is now better educated on a variety of insurance and risk management topics and did I say exhausted! But seriously, another excellent event. As for RT, we were fortunate enough to not only sponsor, but RT ECP was part of the educational agenda with four speakers.
My session covered "Professional Liability Insurance Options for Construction Project Participants";
Joey Nawa and Joe Reynolds explored the "Trends & Developments in Project Specific Professional Liability"; and
Drew Rothman participated in a panel discussion titled "Claim or No Claim: A Professional Liability Showdown".
Each of these sessions was well attended with complimentary feedback from many. Contact any of us for for more information on these topics.
Throughout the conference, we were so fortunate to spend time with our retail broker clients, insureds and many of the carriers. We are grateful to be able to attend such an event where you feel like it’s a bit of a reunion of friends. Now it’s time to get back to normal eating habits - although my one request to the IRMI CRC organizers would be – next time please have the Ben & Jerry’s ice cream flavor Americone Dream! The Tonight Dough is good but boy, Americone Dream is a killer!!
Our entire team wishes all of our trading partners happy holidays and a wonderful new year. We look forward to continued success with all of you in 2024!
Happy Holidays from RT ECP
Published Articles
This quarter, both Jeff Slivka and Tim Prosser had Expert Commentary articles published on IRMI.com. Click below to read the full articles and contact either Jeff or Tim for more information on these topics.
As many of you are aware, RT ECP conducts live webinars on a regular basis. Now, those webinar recordings can be easily found and viewed directly on our webpage. With topics ranging from the ins and outs on various product coverages to exposures and claims, we invite you to check them out and use them as an educational tool in your overall sales process. And, as always, reach out to your RT ECP consultant for more information.
The RT ECP Family is Growing
Congratulations to Rachael Neary on the birth of her first child. Luca Michael was born on November 8th. We look forward to meeting the newest member of the RT ECP team.
Risk Tip - Additional Insured, Primary and Non-Contributory and Waiver of Subrogation Under the CPL
By: Amy Coddington
Does my Contractor’s Pollution Liability (CPL) program include blanket Additional Insured, Primary and Non-Contributory and Waiver of Subrogation wording? They may be hidden in plain sight.
While some programs require a policy endorsement for blanket Additional Insured, Primary and Non-
Contributory and Waiver of Subrogation, some carriers include the wording in their base form. But how do we verify if the base form includes such wording? Here are some key clauses to look for. Please note, the below clauses are just samples and wording may vary depending on the particular carrier form and should be reviewed in combination with the entire policy as well as any endorsements.
Blanket Additional Insured wording may be included in the definition of “Insured”. A key clause to look for is:
“any client of the Named Insured, or other entity or person, that the Named Insured is obligated to name as an additional insured on this Policy pursuant to a written contract, agreement, or permit, executed prior to when the Pollution Claim was first made, and solely as respects Pollution Conditions resulting from the Named Insured’s performance of Contractor Activities”
Blanket Primary and Non-Contributory wording may be included by way of the “Other Insurance”. A key clause to look for is:
“when you are required by written contract, written agreement, or permit, executed prior to when the Pollution Claim was first made, to include any person or entity as an additional Insured, such coverage will be provided on a primary and non-contributory basis to the extent so required.”
Blanket Waiver of Subrogation wording may be included in the base form by way of the “Subrogation” policy condition. A key clause to look for is:
“we waive our rights of subrogation under this Policy against your clients or their designees (except for a Responsible Entity) to the extent such a waiver is required by a written contract with you executed prior to the Claim.”
What happens in the absence of a written contract? What happens if the contract does not specify that additional insured status is required on the CPL program? Follow our newsletter as we will address these questions in the next installment. In the meantime, for more information on this topic or assistance in identifying the inclusion of these clauses, please reach out to your RT ECP team.
Did You Know?
RT ECP Has Dedicated Claims Management Specialist
Did you know that RT ECP has a dedicated claims advocate? Steve Edwards, Manager, Claims brings 32 years of expertise in claims management and allows RT ECP to offer unparalleled claims resources to help maximize the insureds' benefits under the complex products that they are purchasing. With environmental and construction professional liability claims on the rise, Steve has the experience, background and capability to support your claims staff and ensure that your clients' claims are handled as efficiently as possible. Services include:
Technical guidance experience
Coverage analysis / assessment
Claims advocacy
Claims analysis
Assistance with dispute resolution
Claims reporting policies, structures and procedures
