IRMI Update—Issue #8

An E-mail Newsletter for Risk and Insurance Professionals
ISSN: 1530-7948
January 9, 2001

In This Issue

Message from the Editor

Colleague,

Recent market surveys by Conning and the Council of Insurance Agents and Brokers confirmed the firming market trend that our friends have told us about. Thus far, everyone's worst nightmare—a dramatic reduction of capacity coupled with predatory pricing from the remaining markets ala 1984/1985—does not appear to be occurring. The marketplace seems to be firming in a rational and controlled manner.

Nevertheless, we've heard a few stories of major increases on certain accounts and in certain lines of coverage. While the Conning and CIAB surveys provide some insight into the market, the data used in them are months old. To give everyone a better feel for the current marketplace, we're polling visitors to IRMI.com on their recent renewal experience. [To see how readers voted, go to IRMI Update #10, and to see some of their comments, refer to the "Your View" column of that issue.]

Thank you for your support and best wishes for a fantastic new millennium!

Jack

Jack P. Gibson
President
IRMI

Risk Tip

Get Copies of AI Endorsements! Two recent "Expert Commentaries" by Joseph Postel of Liberty Mutual discussed Additional Insured Endorsements. The conclusion was to specify the endorsement required in the contract between the subcontractor and the additional insured.

That's certainly good advice as far as it goes, but it doesn't go far enough. The only remedy if an improper endorsement is used is a breach of contract action. If successful, collection of damages is limited by the assets of the subcontractor.

Go ahead and specify the endorsement—it will at least help to get the proper endorsement if the wrong one is used. Then require the actual endorsement to be attached to the certificate. Give contractor personnel handling the certificate collection function a list of the acceptable endorsements by ISO form number. Refer forms without an acceptable form number to a qualified person for review and further action if necessary.

By: Thomas A. Drawert, CPCU, ARM
HCDT Insurance Agency
San Antonio, Texas
tadraw@flash.net

Suggest a Risk Tip. Future issues of IRMI Update will include more risk tips from our readers. Send us a practical tip (less than 300 words) for identifying and managing risks, buying insurance, managing claims, or filling gaps in insurance coverages. We'll acknowledge your contribution as we did for Tom.

New Expert Commentary

We add new Expert Commentary to IRMI.com every week. There are now 98 articles on IRMI.com, and many more are in production. Below you'll find summaries of some recent additions with links to the articles.

  • What Is Subrogation ... and Why Is My A/E Contract Waiving It?—Do you really understand the waiver of subrogation provision contained in most form agreements used in the architect/engineer industry, why it's there, and how it helps you manage the risk of your business? This article will help clear up some of the confusion.
  • Stand Alone E-Commerce Market Survey—This chart, to be regularly updated, lists the current stand-alone e-commerce insurance policies being offered. See what coverages are available and how to contact the appropriate insurer, MGA, or broker.
  • Brownfield Redevelopment: A Risk versus Reward Proposition—With local governments striving to curb urban sprawl and eliminate inner-city decay, and with the development of recent legislative and regulatory initiatives, "Brownfield" sites offer an opportunity for redevelopment. This article explains how environmental insurance and innovative risk management tools help reduce the risk and uncertainty surrounding these projects.
  • Professional Liability: Are Contractors Adequately Protected?—As the lines of responsibility between design firms and contractors merge, professional liability coverage has become just as essential to a contractor as it is to an architect or engineer. Learn about the contractor's professional exposure, potential damages, and alternative solutions and insurance options in this insightful article.

New IRMI Insights

Additional Insureds and Completed Operations—Construction contracts require additional insured status that will respond to completed operations claims. Contractors faced with such obligations often attempt to have additional insured endorsements drafted with older language in the belief that this provides the required coverage. This article discusses a recent court decision that should provide reassurance that contractors who do so are complying with the insurance requirements of their contracts.

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