provisions contained in most standard form CGL policies, both the Named Insured’s Policy and the
Additional Insured’s Policy will be treated as “primary” and contributing to an insured loss on an
allocated basis. Appendix 19 is ISO’s attempt to alter this result.
Appendix 18
1998 ISO CGL 00 01 “Other Insurance” Clause 4. Other Insurance
b. Excess Insurance
This insurance is excess over:
* * *
(2) Any other primary insuranc e available to you covering liability for damages arising out of the premises or operations for which you have been added as an additional insured by attachm ent of an e ndorse ment.
[Copyrigh t, Institute Serv ices, Inc., 19 97] [Emphasis added]
Commentary:
[ 57-58 ]Appendix 18 is ISO’s most recent version of the standard “other insurance” clause in standard
liability insurance policies. Most CGL policies contain an “other insurance” provision like that set
out as Appendix 17. Insurance containing an “other insurance” provision like the one in Appendix
17 make the insured’s insurance primary and contributing towards payment of losses also covered
by another insured’s insurance, except for insurance of the type listed in 4b “Excess Insurance”of
Appendix 17. The 1998 ISO revised “other insurance” clause, if contained in an insured’s policy,
provides that the insured’s insurance is excess over any insurance coverage afforded the insured by
being designated as an “additional insured by attachment of an endorsement.” This is ISO’s attempt
to make an additional insured’s own CGL insurance excess if it is added to another’s insurance as
an additional insured by an endorsement to the other person’s (e.g., an owner added to a contractor’s
insurance) as an additional insured by an endorsement. Note, however, that this provision is not
triggered if the additional insured is automatically an additional insured on another insured’s CGL
policy. In such cases, it is still necessary to endorse the additional insured’s policy to make it excess
over the policy which names the additional insured as an additional insured in order to avoid both
policies being primary and co-contributing.
Appendix 19 is a form of endorsement to an insured’s own insurance policy designating it as being
excess over insurance available to it as an additional insured. The purpose of this type of
endorsement is to keep an insured’s insurance for which it has paid the premium from being called
on to be primary and co-contributing with a policy on which it is an additional insured.
Appendix 19
CGL Endors emen t - Endors emen t to Indem nitee’s “O ther Insura nce” C lause O ccurrenc e Form This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART (OCCURRENCE VERSION)
Paragraph 4.b of the COMMERCIAL GENERAL LIABILITY CONDITIONS (SEC TION IV) is amended as follows:
b. Excess Insurance
This insurance is excess over any of the othe r insuran ce, whether primary, excess, contingent or on any ot her b asis :
(1) That is Fire , Exte nde d Co vera ge, B uilder ’s Ris k, Ins tallatio n Ris k, or sim ilar coverage for “your work ;”
(2) That is Fire Insurance for premises rented to you; or
(3) If the loss a rises ou t of the m aintenan ce or us e of aircra ft, “autos,” o r watercr aft to the extent not subject to Exclusion g. of Coverage A (Section I); or
(4) That is valid and collectible insurance available to you as an additional insured under a policy issued to:
(a) an independent contractor performing work or services for you; (b) a tenant renting or leasing land or premises from you;
(c) a lessee of equipment owned by you; or
(d) the operator of an oil or gas lease in which you have a n onope rating wor king intere st. When this insurance is excess, we will have no duty under Coverages A or B to defend any claim o r “suit” that any other ins urer has a duty to def end. If no other insurer defends, we will undertake to do so, but we will be entitled to the insured’s rights against all those other insurers.
When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sums of:
(1) The total amount that a ll such othe r insu ranc e wo uld pa y for th e loss in the absence of this insurance; and
(2) The total of all deductible and self-insured amounts under all that other insurance.
W e will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and w as no t bou ght s pec ifically to apply in exc ess of the Lim its of In sura nce show n in the Dec larations o f this Cov erage P art.
[Copyrigh t 2001 Inte rnational R isk Ma nagem ent Institute, In c.] [Emphasis added]
Commentary:
Appendix 19 is a form of endorsement to an insured’s own insurance policy (occurrence form)
designating it as being excess over insurance available to it as an additional insured. The purpose
of this type of endorsement is to keep an insured’s insurance for which it has paid the premium from
being called on to be primary and contributing.
Appendix 20
CGL Endorsement - Blanket Endorsement BITUMINOUS FIRE & MARINE INSURANCE
CONTRAC TORS EXTEND ED LIABILITY COVER AGE - GL-2785-TX (07/00) This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE FORM
It is agreed that the provisions listed below apply only upon the entry of an : in the box next to the caption of such provision.
A. : Partnership and Joint Venture Extension F. : Personal Injury - Contractual Coverage B. : Blanket Additional Insureds - Construction Contracts G. : Nonemployment Discrimination C. : Blanket Waiver of Subrogation H. : Liquor Liability
D. : Unintentional Failure to Disclose Hazards I. : Broadened Conditions
E. : Broadened Mobile Equipment J. : Blanket Additional Insureds - Equipment Leases A. PARTNERSHIP AND JOINT VENTURE EXTENSION
The following provision is added to Section II - WHO IS AN INSURED. The last full paragraph which reads as follows:
“No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations.” is deleted and replaced by the following:
5. With respect to the conduct of any past or present joint venture or partnership now shown as a Named Insured in the Declarations and of which you are or were a partner or member, you, and others identified in paragraphs 1 through 3 above, subject to the conditions and limitations contained therein, are insureds, but only with respect to liability arising out of “your work” on behalf of any partnership or joint venture no shown as a Named Insured in the Declarations, provided no other similar liability insurance is available to you for “your work” in connection with your interest in such partnership or joint venture.
6. A partnership or joint venture, now shown as a Named Insured in the Declarations, of which you have 33% or more ownership interest at the time of “bodily injury” or “property damage” caused by an “occurrence” or “personal and advertising injury” caused by an offense, is an insured, provided that no other similar liability insurance is available to that partnership or joint venture.
B. BLANKET ADDITIONAL INSUREDS - CONSTRUCTION CONTRACTS Section II - WHO IS AN INSURED is amended by adding the following:
7. Any person or organization for whom you are performing operations if you and such person or organization have agreed in a written contract or written agreement executed prior to any loss that such person or organization will be added as an additional insured on your policy up to the limits of liability required by such contract or agreement with respect to liability resulting from:
a. “your work” for the additional insured(s), or
b. actions or omissions of the additional insured(s) in connection with their general supervision of “your work.”
With res pect to the ins urance afford ed these addit ional insure ds, the followin g additional provisions app ly:
a. None of the exclusions under Coverage A except exclusions (a), (d), (e), (f), (h2), (i), (m) and (o), apply to this insurance.
b. Additional Exclusions. This insurance does not apply to:
(1) “Bodily injury” or “property damage” for which the additional insured(s) are obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the additional insured(s) would have in the absence of the contract or agreement.
(2) “Bodily injury” or “property damage” occurring after:
(a) All work on the project(s) (other than service, maintenance, or repairs) to be performed by or on behalf of the additional insured(s) has been completed; or (b) That portion of “your work” out of which the injury or damage arises has been put
to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project.
(3) “Bodily injury” or “property damage” arising out of any act or omission of the additional insured(s) or any of their employees, other than the general supervision of work performed for the additional insured(s) by you.
(4) “Property damage” to:
(a) Property owned, used or occupied by or rented to the additional insured(s): (b) Property in the care, custody, or control of the additional insured(s) or over which
the additional insured(s) are for any purpose exercising physical control; or (c) “Your work” for the additional insured(s).
(5) “Bodily injury”, “property damage” or “personal and advertising injury”:
(a) Arising out of the rendering or failure to render any professional services by you or by any additional insured, but only with respect to either or both of the following operations:
(i) Providing engineering, architectural or surveying services to others in your or the additional insureds capacity as an engineer, architect or surveyor, and
(ii) Providing, or hiring independent professionals to provide, engineering, architectural or surveying services in connection with work you or an additional insured performs.
(b) Subject to paragraph (c) below, professional services include:
(i) The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders, or drawings and specifications; and
(ii) Supervisory or inspection activities performed as part of any related architectural or engineering activities.
(c) Professional services do not include services within construction means, methods, techniques, sequences and procedures employed by you in connection with your operations as a construction contractor.
Any coverage provided herein will be excess over any other valid and collectable insurance available to the additional insured(s) whether primary, excess, contingent or on any other basis unless you have agreed in a written contract or written agreement that this insurance will be primary. This insurance will be noncontributory only if so stated in a written contract or written agreement.
The limits of liability afforded any additional insured(s) will be limited to those amounts stated in the written contract or agreement and further subject to the limits stated in SECTION III - LIMITS OF INSURANCE.
C. BLANKET WAIVER OF SUBROGATION