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Hello, my name is John Baccarella. I have been in the insurance industry for
over 20 years as an insurance broker serving the needs of Contractors. This book is intended to be a guide to Certificates of Insurance, whether you
are giving a certificate to a government agency, general contractor, homeowner
or you are receiving a certificate from a general contractor or sub-contractor.
On the back inside cover you will find a Certificate of Insurance completely
filled out. Please use this certificate as a basis of reference as we go through
this book.
I made every effort to keep things simple and try not to use too many
insurance words, but insurance wording cannot be completely ignored.
Over the years I have seen three attitudes towards certificates of insurance.
- The contractor understands the importance of the certificate and takes great
care in making sure it is handled correctly and has a "system" in
his office that monitors the certificates.
- The contractor understands the importance of the certificate but is too busy
to make sure it is done and hands the duties over to someone else in the
office that is not trained to properly handle the job.
- The contractor does not understand the importance of the certificate and
does nothing.
The truth is Certificates
of Insurance, not handled properly,
can cost you hundreds of thousands of dollars.
Here are a
few examples of how certificates can cost you money.
At the end of your policy period,
your insurance company has the right to audit your books. When the auditor
comes in to look at your books he is trained to look for sub-contracted work.
Since sub-contracted work is an expense to your company, it is very easy to
find. He will then look for the certificate of insurance that corresponds to
the work subbed out. If you cannot produce the certificate he will add the
amount of sub-contracted work to your payroll, or gross receipts, in either
case you will owe the insurance company an additional amount for your general
liability insurance.
This
can add
substantial amounts owed to the insurance company.
This is an extra expense you did not plan on.
Successful contractors take the
cost of insurance into account when bidding jobs. If you are audited and have to
pay an additional amount to an insurance company, your cost of insurance has
gone up and the "extra" is not in your bids. The result: You did not
make as much money as you thought you did, or you lost more money than you
thought you did! Either way it is a lose-lose situation.
In the event of a claim there are two ways
to lose additional money.
If you do not get a certificate
of insurance from a sub that does not have coverage and your policy does not
cover subs, the cost of this claim will be
directly
out of your pocket!
If your sub does not have coverage
and your policy does then the claim will go
against
you.
When you purchase insurance for the coming years, that claim will show against
your record, since your cost of insurance is partly based on your claims
history, your insurance will go up.
Certificates
of insurance are not to be taken lightly!
LINE BY LINE
Now we are going to go through each line of the certificate
of insurance so you will have an understanding of what all of this means. I have
broken down the certificate into 14 parts. Click below to open a
copy of the certificate form so that you may refer to it as me continue our
discussion.
Acord
Certificate of Insurance Item by Item
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Date—This is the date the certificate was typed. If you request a
certificate of insurance in May 99 and the certificate is dated Dec 98 you
should ask for a newer certificate. Why? A lot could have happened in the last
6 months. It also tells you that the contractor has had the certificates in
his briefcase for months. Insurance agencies usually get a request from the
contractor to send out a certificate on his behalf. You should receive the
certificate from the insurance agency; not the contractor and it should be
recently dated.
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Producer—This is the agency that wrote the policy. There should be
an agency name, address, and phone number and sometimes the agent’s name
that wrote the policy.
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Insured—This is the person or the company name who owns the
insurance policy. The complete name and address must be in the box. If the
name or the address is not listed, do not accept the certificate until it has
been corrected.
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Companies Affording Coverage
This section is important. Read it
carefully!
This statement, which usually no one ever reads, is very important. The only
way to actually know you are covered is to have a copy of the entire insurance
policy, and the ability to interpret the exclusions. (We will talk about
exclusions later on)
Company A — This is the insurance company that is providing coverage.
Look for the corresponding A in the co. ltr. Box on the left side of the
certificate.
Company B — This is the insurance company that is providing coverage. Look
for the corresponding B in the co. ltr. Box on the left side of the
certificate.
Company C — This is the insurance company that is providing coverage. Look
for the corresponding C in the co. ltr. Box on the left side of the
certificate.
Company D — This is the insurance company that is providing coverage. Look
for the corresponding D in the co. ltr. Box on the left side of the
certificate.
What do we know about these companies? Are they strong solid
companies, or on the verge of bankruptcy?
There is a source of information on all these companies. The A.M. Best
company is used throughout the industry to evaluate the financial strength of
insurance companies.
INSURANCE COMPANY RATING
Insurance Companies are given a grade, just think about the grades you
received in high school or college. A, B, C, D, F. Insurance companies are given
a financial report card by the A.M. Best Company.
An Insurance company with less than an "A" rating can be a
potential problem for two reasons. 1. There is a risk of the company going out
of business, and, 2. If you work for the state, county or city, they will
usually not accept any company with less than an "A" rating. Also if
you hire on as a subcontractor most general contractors will not accept any
rating less than an "A". With some state government offices and
general contractors not accepting your liability insurance, you will be limited
to the type of jobs you can accept.
A. M. Best’s Ratings
A.M Best assigns two types of rating opinions. Best’s ratings (letter
scale) and Best’s FPR (numerical scale). Both ratings involve a quantitative
and qualitative evaluation of a company’s financial strength, operating
performance and market profile.
Financial Performance Ratings (FPR)
The FPR is assigned to small or new companies, which do not
meet the criteria required for a Best’s rating. Both ratings provide an
overall opinion of an insurance company’s ability to meet its obligations to
policyholders.
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Secure Best’s
Ratings |
Secure FPR Ratings |
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A++ and A+ |
Superior |
FPR 9 |
Very Strong |
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A and A- |
Excellent |
FPR 8 and 7 |
Strong |
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B++ and B+ |
Very Good |
FPR 6 and 5 |
Good |
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Vulnerable Best’s Ratings |
Vulnerable FPR Ratings |
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B and B- |
Fair |
FPR 4 |
Fair |
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C++ and C+ |
Marginal |
FPR 3 |
Marginal |
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C and C- |
Weak |
FPR 2 |
Weak |
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D |
Poor |
FPR 1 |
Poor |
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E |
Under Regulatory Supervision |
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F |
In Liquidation |
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S |
Rating Suspended |
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Not Rated (NR) Categories
Companies not assigned either a Best’s Rating or FPR opinion are assigned
to one of five NR categories. The NR category identifies the primary reason a
rating opinion was not assigned to the company.
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NR-1 |
Insufficient Data |
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NR-2 |
Insufficient Size/or Operating Experience |
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NR-3 |
Rating Procedure Inapplicable |
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NR-4 |
Company Request |
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NR-5 |
Not Formally Followed |
Financial Size Category (FSC)
In $ millions of reported capital, surplus and conditional
reserve funds
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FSC I |
> 1 |
FSC V |
10 to 25 |
FSC IX |
250 to 500 |
FSC XIII |
1,250 to 1,500 |
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FSC II |
1 to 2 |
FSC VI |
25 to 50 |
FSC X |
500 to 750 |
FSC XIV |
1,500 to 2,000 |
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FSC III |
2 to 5 |
FSC VII |
50 to 100 |
FSC XI |
750 to 1,000 |
FSC XV |
< 2,000 |
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FSC IV |
5 to 10 |
FSC VIII |
100 to 250 |
FSC XII |
1,000 to 1,250 |
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If you do not know you're Company Rating feel free to call your insurance
agent or broker. All Insurance offices should have an A. M. Best Rating Guide.
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Coverages
You get the feeling they are trying to tell you something?
This is the second warning on the certificate that tells you to beware!
EXCLUSIONS
First off lets get one thing clear… All policies have exclusions. You hear
terms like all risk, special form, comprehensive, full coverage. Those phrases
do not mean there are no exclusions.
In a contractors general liability policy all the exclusions are listed on
the (Dec) front page of the policy or on the second page of the policy. The
problem is that they are usually listed by form number, not by name.
In order to make sure you understand the exclusions, look at the form numbers
on the front page and go find that form (by number) in the policy. (Usually the
form number is in the bottom left hand corner)
If you see a form number on the front of the policy but you cannot find that
form in the policy, your policy is
not
complete! Someone forgot to add that form to
the policy when the policy was put together. People make mistakes! If you find a
form number on the front of the policy and cannot find that form in the policy
Call your insurance broker and ask them for the missing page(s). It may be a
very important exclusion.
The exclusions are critical, When you get a proposal for insurance the first
thing you should look at are the exclusions.
For instance, if you are a concrete contractor and you do house pads, if you
have exclusion for foundation work in your policy you have a problem. The worse
thing is you will not find out about your problem until you have a claim and it
is denied, by then its to late.
Here is a list of exclusions I have found in many policies; this list is
by
no means "all inclusive".
Look over this list and see what exclusion would apply to your operation.
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DESIGNATED WORK |
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Most general
liability policies automatically cover a business for just about
any type of work that it engages in during the policy year.
Let’s say a sub’s premium is based on the carpenter
classification. Although, that’s what he does 90% of the time,
he may do a little roofing, electrical, or plumbing work. Most
policies will cover him for this other work, and if he does
enough of it, they’ll just charge him accordingly for those
classes of work at his year end audit. If an underwriter didn’t
want to cover his roofing or electrical work, he/she could use
the designated work endorsement to exclude those classes.
This exclusion
could be nasty. |
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INDEPENDENT CONTRACTORS |
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Claims
arising out of: The acts or omissions of independent contractors
while working on behalf of any insured, or the negligent hiring
or contracting, investigation, supervision, training, retention
of any independent contractor for whom any insured is or ever
was legally responsible and whose acts or omissions would be
excluded. If you use subs, this exclusion can be
a killer. |
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ASBESTOS |
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No coverage
for exposures to asbestos, asbestos fiber, or any material
containing asbestos or asbestos products, including without
limitation, the costs of asbestos removal or damage in the
course of effecting such removal (Very common exclusion). |
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PROFESSIONAL LIABILITY |
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Claims
arising out of the rendering of or failure to render any
professional services by you or any engineer, architect or
survey, or who is either employed by you or performing work on
your behalf in such capacity. Professional services include
preparing, approving, or failing to prepare or approve maps,
shop drawings, opinions, reports, surveys, field orders, change
orders or drawings; and supervisory, inspection, architectural
or engineering activities. For example, if you make a
structural change without the architect's approval, there is no
coverage. (Typical exclusion) |
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CONSTRUCTION MANAGEMENT ERRORS |
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* See
Professional Liability |
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CONTRACTORS WARRANTY |
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This means
that if you hire subcontractors, you must get a certificate of
insurance from them. If you do not, the amount of your contract
with the sub will be added to your payroll or gross receipts and
you will be charged. In other words you will pay for the subs
general liability. Some companies use a stricter version of
this. They require the sub to have the same limits of insurance
as you do. |
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FORMALDEHYDE |
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Claims
arising directly or indirectly out of formaldehyde whether or
not the formaldehyde is airborne as a fiber or particle,
contained in a product, carried or transmitted on clothing
contained in or a part of: any building, building material,
insulation product or any component part of any building. |
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X.C.U. |
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Explosion,
collapse, and underground property damage. Not a good exclusion
for Grading, Excavation, Sewer, Plumbing, Septic, and Fencing
contractors just to name a few. |
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CLAIMS IN PROGRESS |
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* See Prior
Claims |
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KNOWN LOSSES |
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* See Prior
Claims |
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ROOFING |
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Some roofing
exclusions are plain and simple. NO ROOFING. Some are not as
strict. You must read the exclusion care-fully. Some roofing
exclusions say there is no coverage while the roof is under
construction or repair. For example: You tore off a roof, and
since the weather forecast called for sunny skies, you decided
there was no need to cover the roof overnight. It rained.
There is no coverage. Read all exclusions carefully. |
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DEMOLITION |
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Plain and
simple. No demolition! |
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SUBSIDENCE |
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Insurance
does not apply to any liability arising out of landslide, mud
flow, earth sinking, earth rising or earth shifting. |
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LEAD |
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Claims
arising out of the actual or alleged presence or actual, alleged
or threatened dispersal of lead, lead particles or products
containing lead. |
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EARTH MOVEMENT |
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* See
subsidence |
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NUCLEAR |
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Self
explanatory |
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MULTI UNIT RESIDENTIAL |
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Any work in
connection with the pre-construction, construction,
post-construction, reconstruction, exterior remodeling or
repairs of any multi-unit residential building. |
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CONDOS |
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No condos |
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TOWN HOUSES |
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No
town houses |
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APARTMENTS |
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No apartments |
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EMPLOYMENT RELATED PRACTICES |
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Refusal to
employ, wrongful termination, coercion, demotion, evaluation,
reassignment, discipline, defamation, harassment, humiliation,
discrimination or other employment-related practices, policies,
acts or omissions. |
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PRIOR CLAIMS |
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Claims that
are in progress prior to the commencement of this policy. |
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PESTICIDE, HERBICIDE AND FUNGICIDE EXCLUSION |
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Not a good
idea if you are a landscape contractor. |
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PRIOR ACTS |
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This is a
very severe exclusion. This says that any work you did prior to
the policy date is not covered. For contractors this can be a
death sentence on all prior work. 90% of all contractor claims
occur after the work was completed. |
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EXTERIOR INSULATION AND FINISH SYSTEM |
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Exterior
insulation and finish system means the design, manufacture,
construction, fabrication, preparation, installation,
application, maintenance or repair, including re-modeling,
service, correction, or replacement, of an exterior insulation
and finish system (commonly referred to as synthetic stucco) or
any part thereof, or any substantially similar system or any
part, including the application or use of conditioners, primers,
accessories, flashing, coatings, caulking or sealants in
connection with such a system when performed by you. |
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POOL POP UP |
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The elevation
of swimming pool due to high water table. |
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FOUNDATION WORK |
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Claims
arising our of foundation work, including but not limited to the
design, specification, inspection, construction, installation,
repair, replacement, improvement or reinforcement of any
foundation or any part of a foundation. Foundation means the
entire substructure below the first floor or frame of a
building, including but not limited to any footings, footing
beams, piers, grade beams, pilings, pilings or supports upon
which the building rests. |
Don't Panic!
My Verification checklist System will solve these potential
traps!
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General Liability
Commercial general liability must be checked.
Occur box must be checked ***
Occurrence vs. Claims Made.
Construction claims made policies became popular in the mid 1980’s and have
been around ever since. The promise of these policies were lower rates, but at
what long-term damage? In some instances there is no cost savings. Claims made
policies for a contractor are the worst possible policy you can buy. Let me
explain: Claims made policies allow you to make a claim on your policy only
during the policy year they are in force. Contractors have claims down the road
not in the same year as the project is built!
If you want to leave that company and go to another company you will have to
purchase additional insurance to cover you for the next 10 years…that’s
right 10 years! Why? Because the law allows customers to file a lawsuit for
construction problems up to 10 years after the project was completed. [1]
Here is an example:
You build a new room addition, everything goes well and you and your
customer are very happy with the final outcome… 4 years later your customer
calls you and says that the roof is leaking and water came in the house and
ruined his new $25,000 grand piano. He expects you to repair the roof, the
drywall, wallpaper, carpets and, of course, replace the grand piano…
A claims- made will not allow you to file a claim 4 years later unless you
stayed with the claims made company the whole time. Your current non-claims
made company may possibly be on this claim; it depends on the exclusions, (See
Prior Acts exclusion on page 13).
There would be coverage for this claim on the claims made policy if you
purchased "tail" coverage. Tail Coverage allows you to make a claim
on a claims made policy after the policy period. Tail coverage is not cheap
and it is limited as to how long you can report a claim. To make matters more
unsettling, some companies do not offer tail coverage.
If you decided not to buy the "tail" you will not be able to
report a claim against the claims made policy.
If you intend to shop other companies after the claims made policy expires
you must make a decision, since you cannot make a claim against a claims made
policy after the policy expires unless you buy extended liability coverage
called a "tail."
When your policy comes up for renewal with a claims- made policy you must
decide.
- Do I leave the company and pay the additional insurance for coverage for
the next 10-year period or go without.
- Do I stay with the same company? Their prices on the New Year may stay the
same or go up sharply.
- Do I switch to another company who has better rates and coverages?
This limits the marketplace for you, and makes it harder to accept a better
bid from another carrier. Claims made policies may work in other lines of
insurance, but for Contractors they are a disaster.
Take time after reading this report to look for your policy and see if your
current policy is either an occurrence form or claims made…
Owners & Contractors
prot. must be checked.
Policy number – General Liability policy number must be completed.
Effective Date – Date must be completed.
Expiration Date – Date must be completed.
Limits – All limits must be completed.
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Auto Liability
Any Auto - means any owned, rented, leased or borrowed auto. It includes
hired, non-owned, newly acquired, replacement and temporary substitute
autos.[2]
All Owned Autos - means autos you own that are not of the private
passenger type. It includes any trailer or semi-trailer while attached to
that auto. It also includes newly acquired autos of the same type;
replacement autos of the same type; and temporary substitute autos.
Hired Autos - means any auto that you hire, rent, lease or borrow from
others, other than your employees or members of their households.
Non-owned Autos - means any auto that: you don't own, hire, rent, lease or
borrow; and is used in the conduct of your business. It includes autos owned
by your employees or partners or member of their households. But only while
such autos are being used in the conduct of your business.
Why are these auto descriptions important?
When hiring sub contractors it is important because the subs
are bringing their cars to your jobsite. If a sub drives onto the job site and
causes an accident, The sub is responsible. But if the sub does not have auto
insurance, the general contractor is next in line. Why? Because you hired him
and he is on the job site working on your project. When hiring a sub you should
require him to have auto insurance. The next step is to require the sub to have
high limits of auto insurance, if you have $1,000,000 auto insurance so should
the sub.
To protect yourself, you should require the sub to carry "Any Auto"
coverage. When reading the description above concerning "Any Auto" you
are covered if the vehicle he is driving is owned, rented, leased or borrowed,
as opposed to the Owned auto, where only vehicles he owns is covered.
Additional problems occur when the sub brings along his employees who may or
may not have insurance on their personal vehicles on your jobsite.
To fully protect your business, insist that the sub have "Any Auto"
or Owned auto coverage and Hired Auto and Non-owned Auto.
It may seem that you are asking a lot from your sub, but that
is what it takes to protect your business.
Policy number—Auto Liability policy number must be completed.
Effective Date—Date must be completed.
Expiration Date—Date must be completed.
Limits—All limits must be completed.
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Excess Liability— Optional /
Umbrella Form or Other than Umbrella Form?
What’s all this umbrella talk?
Is it raining?
Sometimes you will have to give a certificate of insurance to
a general contractor or ask a sub contractor to increase the limits of his
general liability. There are two different ways of doing this. Most people think
an Umbrella Policy and an Excess Policy are one in the same but they are not.
Excess Policy— An excess policy is simple, you can add additional
coverage to your general
liability. You may have a $1,000,000 limit
but you are required to have $3,000,000 for the project. An excess policy is
written for the two additional million that you need.
Umbrella Policy— this is a little different, actually it is a lot
different. You may be asked for $3,000,000 liability AND $3,000,000 Auto
liability also. In this case an Umbrella is needed. Umbrella policies increase
your general liability AND auto insurance.
Policy number—Excess Liability policy number must be completed.
Effective Date—Date must be completed.
Expiration Date—Date must be completed.
Limits—All limits must be completed
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Workers Compensation
"The proprietor/partners/executive officers are included or excluded."
Let’s stop and think about this for a minute
If you receive a certificate from a sole proprietorship or a partnership and
the owners are on the
jobsite, the owners do not have work comp on
themselves. Why? Because non-corporations cannot buy work comp and have it apply
to the owners. They may have work comp but only for their employees.
This is an area that is misunderstood by most contractors, and to make
matters worse, most agencies do not mark the box at all.
Make sure the box is marked, so you will know the situation…
Solution?
There is none! That's right, the owners cannot buy work comp
on themselves. That means if the owners are injured on the job, they make a
claim for work comp benefits under your policy. Will they win? Absolutely! There
is no clear-cut way to protect yourself from this.
Hiring subs you know personally or come highly recommended will help to a
certain degree. But let's face reality here, If a man is injured and he needs
medical treatment and has no other means to pay for it, he will put a claim in
under your workers comp.
If the sub you hire is a corporation, call and see if the owners are included
or excluded. (I will explain how to do this in more detail latter on)
Policy number—Work Comp policy number must be completed.
Effective Date—Date must be completed.
Expiration Date—Date must be completed.
Limits—All limits must be completed.
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Description— This box is used to explain things such as:
Name and address of project.
Naming the additional insured. (This is discussed latter on )
Cancellation wording for non-payment or reporting or work comp. payroll.
Exclusions (Did I get your attention?)
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Certificate Holder
This is the person that the certificate is
issued to. A Full name and address is mandatory!!!
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Cancellation
Will endeavor
to... is the problem
here
Will endeavor to simply means the insurance company will try to let you
know if the policy has been cancelled. For many certificate holders will
endeavor to is not good enough. The reason is they want to be notified if
a contractors insurance is going to be cancelled so they can ask the
contractor for a new certificate or get him off the job site before his
coverage runs out.
This causes a problem because some insurance companies will not allow the
agent to cross out
will
endeavor to wording.
Read your contract, see what the requirements are and call your agent to work
out an arrangement.
Even with the will endeavor to wording crossed out, there is no
guarantee that you will get notice of cancellation.
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Signature must be signed.
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Acord form version
This should be Acord 25 or 25-s. There are other
certificates of insurance other than the Acord form. Sometimes a city or
county will have their own, or an insurance company may have their own. But
all the information will be there. Maybe not in the exact order of the Acord
form.
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Attachments to the Certificate of Insurance
Everything we have talked about up to this point are part of the Acord
Certificate of Liability Insurance form. Now let's talk about additional form(s)
that must be attached to the Certificate form (if they apply).
Acceptance
Many governmental agencies, cities, general contractors and more and more,
smart homeowners will ask to be additionally insured.
What is an Additional Insured Endorsement?
The primary reason for additional insured endorsements is defense coverage;
another reason is to insulate your loss experience by making it unnecessary to
make a claim under your own liability policy.
Here is an example:
A general contractor hires an electrical contractor and asks the electrical
contractor to name the general contractor as an additional insured on the
electrician's liability policy.
Let's stop right here...
Click below to view both the Additional insured form CG 20 10 11
85 and the CG 20 10 10 93:
Find the statement:
"WHO IS AN INSURED is amended to include as an insured the person or
organization shown in the Schedule, but only with respect to liability arising
out of "your work" for that insured by or for you."
What that means is the electrical contractor is adding the general contractor
as an additional insured to his policy, giving the general contractor the right
to turn in a claim against the electrical contractors policy for liability
arising out of the work of the electrical contractor.
This way the general contractor does not have to turn the claim into his
liability insurance company. He is protecting himself from errors made by the
electrical contractor.
Any time you hire a sub-contractor you should ask to be named as additional
insured on his policy to protect yourself from errors of the sub. If a claim
occurs down the road, the sub-contractors insurance company must provide a
defense on your behalf and you do not have to turn the claim into your insurance
company, saving your loss experience, thus saving you money down the road.
The same goes if you are a sub who hires a sub.
There are many additional insured endorsement forms, the two most popular for
contractors are:
CG 20 10 11 85
(you
may view above by clicking on the appropriate link.)
CG 20 10 10
93 (you may view above by clicking on the
appropriate link.)
If you read both forms carefully you will find that there are only a few
words that are different.
CG 20 10 11 85—The last line says with respect to liability arising out of
"your work" for that insured by or for you.
CG 20 10 10 93—The last lime say with respect to liability arising out of
your ongoing operations performed for that insured.
The second one (CG 20 10 10 93) implies that you must be working on the
project at the time of the claim. This form is restrictive and should be
avoided.
In summary, When hiring sub contractors you must be very careful to get the
right insurance certificates from the sub and make sure that you are named as
additional insured on his policy. Be sure to ask for the CG 20 10 11 85, and do
not settle for the form with the more restrictive wording.
The CG 20 10 11 85 usually will cost the sub an additional
charge. Some
companies include the endorsements at no additional charge but build the extra
charge into the policy itself. Other companies will charge as little as $30 to a
high of $500.
Many insurance agencies will put the following wording in the descriptions of
the operations portion of the certificate only. That is not good enough, the
Additional insured endorsement filled out completely with your company name must
be a separate form (shown on the following page) and attached to the
certificate.
What is a Primary Endorsement?
Along with the above Additional Insured Endorsement,
many people are asking for primary endorsements.
Ninety-nine percent of all insurance companies
have an additional charge for these as well, mostly from $30- $250 each.
Primary insurance wording is issued in conjunction with additional insured
endorsements.
Stop here and go read the Primary
Endorsement wording.
Using our general contractor and electrician example above. The general
contractor wants to be sure that regardless of what insurance he (the general
contractor) has the electricians insurance company is first (primary) on any claim.
It also goes on to state that the liability is determined to be solely the
negligence or responsibility of the electrician.
Baccarella's Certificate of Insurance
Checklist & Verification Procedures
(I named it after myself)
I know I have been throwing all this information at you and
now its time to sort it out. The first thing you must do is to set a standard
set of insurance requirements that all sub contractors must meet in order to
work for you.
Step by Step
Step #1
ESTABLISH SUB-CONTRACTOR INSURANCE
REQUIREMENTS
What insurance requirements are you going to ask of your subs?
The certificate of insurance on the inside back cover of this book is a good
example of insurance limits that most general contractors require. (Except for
the umbrella option). Look it over, adopt this as your requirement or make
changes. Remember to require your subs to name you as additional insured and
primary.
Remember that these requirements are yours. Asking for these limits and
endorsements allow you to protect your biggest asset. YOUR BUSINESS.
Step #2
WHO'S IN CHARGE
Someone in your office must be in charge of certificates of
insurance. Depending on the size of your operation, it can be the owner or a
person designated by the owner to handle the job. It has been my experience that
contractors like to build things, they do not like to handle paperwork. If you
are a one-man operation, make this a priority, or nicely ask your spouse to do
this job. (After, you both sit down and read this book)
If you have employees, designate someone to do the job. (After, you both sit
down and read this book)
P.S. Another good reason for the owner not to handle the certificates is that
certificates need to be verified. To verify a certificate you need to make a
phone call. An office person is better suited for this job than an owner who is
in the field.
Step #3
NO EXCEPTIONS
DO NOT MAKE EXCEPTIONS FOR ANYONE... Not your brother, uncle,
father, best friend since high school, current girlfriend or boyfriend, good
buddy who is down on his luck right now, NOBODY...
Step #4
NOBODY STEPS ON JOBSITE WITHOUT A CERTIFICATE
NOBODY goes on the jobsite until you have received his or her certificate of
insurance and it has been checked and verified.
Step #5
TELL THE SUB-CONTRACTORS YOUR REQUIREMENTS IN ADVANCE
When you send out your specs for the subs to bid, include a
copy of the certificate of insurance (with your requirements typed in) and the
additional insured endorsement(s) and primary endorsement you require in order
for them to bid on your project.
Starting on the next page I have put an example of an insurance packet you
can include with the job specs.
Use my sample packet or devise your own.
A good time to get your certificates of insurance file in good order is when
you are not busy, you know, when you are between jobs. This way when your jobs
start you will be ready and you will not hire subs and have to wait until they
get their certificates in to you. You will already have them on file and ready
to go.
(Place this on
your company letterhead)
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YOUR
LOGO |
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Insurance requirements for Sub Contractors
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Dear Sub-Contractor In order to work for (Your Company), we have a set of insurance requirements
that must be met before you can start on our jobsite.
Please look over the requirements before bidding, to make sure you can
comply. If you do not comply, your bid will not be considered.
A sample of the certificate of insurance, additional insured endorsement, (CG
20 10 11 85 edition) and primary endorsement are attached. If you are not sure
if you have the required insurance and endorsements, fax a copy to your
insurance broker for confirmation.
Your insurance broker can quickly tell you if you have the correct coverage
or will need additional coverage to comply.
We are looking forward to your bid.
Thank You,
(Name of certificate person in your office)
Phone Number and Fax Number
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Make sure
you attach a copy of the CG 20 10 11 85 and
Primary Endorsement to the above letter when you send it.
Step #6
USE THE CHECKLIST
Now we have a copy of the sub-contractors certificate of insurance,
additional insured endorsement, and a primary endorsement on our desk.
Using the checklist, go through each section of the certificate and see if
anything is missing, misspelled or the dates are wrong. If there are errors Call
the insurance agency who gave you the certificate and ask them to make the
corrections and fax a new one back to you.
Step #7
THE EXTRA STEP—EXCLUSIONS
This is the area that can cause a problem and the only way to
find out in advance is to ask. For example; in California, 98% of insurance companies exclude Condo's,
Townhouses and Apartments. If you were building one of these projects, you
should call the insurance agency and ask a very simple question.
Call the agency and ask the agent or customer service person handling the
sub-contractors account are there any exclusions on the policy regarding
Condo's, Townhouses and Apartments? If the answer is yes, the certificate you
are holding is worthless.
If the answer is no, then kindly ask the person to send you a short note
stating there are no exclusions for Condo's, Townhouses and Apartments.
Each state is different; there may be areas of construction in your state
that are a problem. You know what they are, and if you don't, call and ask your
broker.
If you are hiring a concrete contractor for house pads, a good question to
ask is, are there any exclusions on the concrete contractors regarding house
pads?
If you are hiring a landscaper who is going to use chemicals, call and ask
regarding the use of chemicals.
If you a hiring a grading or excavation contractor, ask about exclusions
regarding earth movement.
Look at my list of exclusions and look at your own policy for exclusions to
formulate your questions.
I realize this is more work, but the question is do you want
to know about
these potential problems before or after the claim
Baccarella's Certificate of Insurance checklist
Subcontractor Name: _________________
Trade: _______ Lic. #:
_______
_____ Contract signed
_____ Certificate received
_____ Company’s are A rated
_____ General liability section
Occurrence box marked
General liability limits $1,000,000
General Liability expiration date current
_____ Auto Section
Auto Liability limits $1,000,000
Any auto or all owned or scheduled auto marked
Non owned auto checked marked
Auto expiration date current
_____ Excess liability Section (optional)
Excess liability expiration date current
Excess limits correct
_____ Workers Compensation Section
Proprietor/partners/executive officers Included/Excluded
Workers compensation expiration date current
Workers compensation limits $1,000,000
_____ Description of operations
Certificate holder is named as additional insured
Location of job specified
_____ Certificate holder
Is your company name spelled correctly
Is endeavor to crossed out?
10 or 30 days notice of cancellation
_____ Signature
Is certificate signed
_____ Additional Insured Endorsement
Is additional insured endorsement attached
Is your name typed on the additional insured endorsement
Is the policy number typed on the additional insured endorsement
Name of person or organization typed in
_____ Primary Endorsement
Is primary endorsement attached
Policy number typed in.
Name of person or organization typed in.
_____ Verification
Called to verify exclusions
Verification performed by:
____________________
Date: _________
ORGANIZATIONAL SUGGESTIONS
-
Buy a three ring binder; Label the Binder SUB-CONTRACTOR INFORMATION.
-
Three hole punch the Certificate of Insurance, Additional Insured
Endorsement and the Primary Endorsement and put them in the Binder. It is much
easier to keep track of things this way instead of putting the information in
a file and filing it away.
-
Have a packet of your company's certificate requirements already made up in
advance so you can quickly send it out.
-
You must have a way of keeping track of the expiration dates of the
sub-contractors insurance. Remember, when you get a certificate of insurance,
all the subs insurance policies may not expire on the same day. The General
Liability may expire in March, the auto may expire in July and the work comp
may expire in October.
There are many ways of doing this, depending on how may subs you use. A
wall or
desk calendar, computer system, appointment book, etc. Pick the best
one for you.
Final thoughts...
Over the years, my customers have asked me, What do I look for on the
Certificates of Insurance?
I finally sat down and wrote it all out. If you have a question regarding
anything in this Guide or have something to add, please give me a call, I am
always looking for new material.
Lastly, I would like to thank my wife Clara who found the errors that the
spell checker missed.
John Baccarella
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