Product Update

Endorsement CG 20 33 Discussed in Contractual Risk Transfer

Endorsement CG 20 33 provides insured status to "any person or organization" when the named insured has agreed in a written contract or agreement to name that person or organization as an insured on the policy. The value of automatic additional insured endorsements such as CG 20 33 is that it makes identifying individual additional insureds by name unnecessary, which can mean a significant reduction in the time and labor necessary to comply with multiple contractual requests for additional insured status. However, difficulties can arise when using CG 20 33. For example, one line of court cases has held that endorsement CG 20 33 does not provide insured status to any party with whom the named insured does not have a direct contractual relationship, whereas courts in a few other jurisdictions do not always require contractual privity. A recent decision by the New York Superior Court highlights the latter approach. In All State Interior Demolition Inc. v. Scottsdale Ins. Co., 2017 N.Y. Misc. LEXIS 4034 (N.Y. Sup. Ct. Oct. 18, 2017), the court construed language identical to CG 20 33 in a broad manner to provide additional insured coverage to parties that were not in contractual privity with the named insured. This Contractual Risk Transfer release contains an updated discussion of case law interpreting language equivalent to endorsement CG 20 33, including whether such language requires the named insured to have a direct contractual relationship with the entity seeking insured status.

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