Product Update

Umbrella Exclusionary and Additional Coverage Endorsements Discussed in Commercial Liability Insurance

This Commercial Liability Insurance release continues the revision and expansion of our annotations of endorsements developed for the Insurance Services Office, Inc., commercial liability umbrella coverage form, CU 00 01. It adds discussions of a number of exclusionary and additional coverage endorsements addressing loss exposures such as the XCU hazard, designated ongoing operations, railroad rolling stock, elimination of the subcontractor exception to the "damage to your work" exclusion, subrogation waiver, restrictive modifications of contractual liability coverage, and a noncontributory provision. This last endorsement is perceived by some as a means of avoiding the effects of horizontal exhaustion of limits for umbrella additional insureds, guaranteeing that they have access to the named insured's umbrella policy before their own primary liability policy is called on to pay a covered claim. Whether or not the endorsement works that way in a real-world claim, it at least provides named insured indemnitors with a way of complying with contract requirements that they provide additional insured status to their indemnitees on a noncontributory basis.

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