Owners And Contractors Protective Liability Coverage Form Available Endorsements And Their Uses

OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE FORM AVAILABLE ENDORSEMENTS AND THEIR USES

(November 2022)

 

 

INTRODUCTION

This listing identifies endorsements that are available to modify the Insurance Services Office (ISO) CG 00 09–Owners and Contractors Protective Liability Coverage Form–Coverage for Operations of Designated Contractor. It is arranged by form number and includes the title and a brief explanation of how each endorsement is used. It does not include any state specific endorsements, changes, or amendments.

Note: This article lists but does not otherwise address any of the various ISO Terrorism Endorsements.

Related Article: Terrorism and Insurance

Related Article: Terrorism–Insurance Services Office (ISO) Forms

A listing of forms that can be used within presentations or proposals may be useful.

Related Article: Owners and Contractors Protective Liability Coverage Form Endorsements Checklist

FORM NUMBERING

The ten-digit numbering sequence of ISO forms and endorsements has a very specific meaning.

CATEGORIES

Endorsements are grouped in categories according to their purpose as follows:

CG 04

Additional Coverage Endorsements

CG 20

Additional Insured Endorsements

CG 21

Exclusion Endorsements (Terrorism)

CG 22

Special Provisions for Certain Types of Risks Endorsements

CG 24

Coverage Modification Endorsements

CG 28

Miscellaneous Coverage Forms and Endorsements

CG 31, 33 & 34

Miscellaneous Endorsements and Exclusions

IL

Interline Endorsements

ADDITIONAL COVERAGE ENDORSEMENTS (CG 04)

CG 04 24–Coverage for Injury to Leased Workers

This buyback endorsement provides bodily injury and property damage coverage for leased workers by amending the definition of employee to exclude leased workers. However, this changed definition only applies to the bodily injury and property damage coverage within the employer’s liability exclusion.

ADDITIONAL INSURED (CG 20)

CG 20 31–Additional Insured–Engineers, Architects, or Surveyors

This endorsement adds any engineer, architect, or surveyor the named insured engages as additional insureds. There is no requirement that any be listed. Coverage applies to losses caused by the named insured's acts or omissions. It also applies to losses caused by acts or omissions of parties that act on the named insured’s behalf. Coverage applies only if the acts or omissions are related to the named insured's premises or in its ongoing operations. It does not provide professional liability coverage or coverage for allegations of negligence in the hiring, training or monitoring of those who provide professional services. Coverage is limited to what the law permits. When the endorsement is required by contract, coverage and limits are further limited to not being broader than what that contract requires.

EXCLUSION ENDORSEMENTS (CG 21)

CG 21 70–Cap on Losses from Certified Acts of Terrorism

Related Article: Terrorism and Insurance

CG 21 71–Exclusion of Other Acts of Terrorism Committed Outside the United States; Cap on Losses from Certified Acts of Terrorism

Related Article: Terrorism and Insurance

CG 21 73–Exclusion of Certified Acts of Terrorism

Related Article: Terrorism and Insurance

CG 21 75–Exclusion of Certified Acts of Terrorism and Other Acts of Terrorism Committed Outside the United States

Related Article: Terrorism and Insurance

CG 21 76–Exclusion of Punitive Damages Related to a Certified Act of Terrorism

Related Article: Terrorism and Insurance

CG 21 80–Certified Acts of Terrorism Aggregate Limit; Cap on Losses from Certified Acts of Terrorism

Related Article: Terrorism and Insurance

CG 21 84–Exclusion of Certified Acts of Nuclear, Biological, Chemical, or Radiological Acts of Terrorism; Cap on Losses from Certified Acts of Terrorism

Related Article: Terrorism and Insurance

CG 21 87–Conditional Exclusion of Terrorism (Relating to Disposition of Federal Terrorism Risk Insurance Act)

Related Article: Terrorism and Insurance

CG 21 88–Conditional Exclusion of Terrorism Involving Nuclear, Biological, or Chemical Terrorism (Relating to Disposition of Federal Terrorism Risk Insurance Act)

Related Article: Terrorism and Insurance

CG 21 90–Exclusion of Terrorism

Related Article: Terrorism and Insurance

CG 21 91–Exclusion of Terrorism Involving Nuclear, Biological, or Chemical Terrorism

Related Article: Terrorism and Insurance

SPECIAL PROVISIONS FOR CERTAIN TYPES OF RISKS ENDORSEMENTS (CG 22)

CG 22 57–Exclusion–Underground Resources and Equipment

This endorsement applies to the ten gas and oil operations listed on the endorsement schedule. It excludes coverage for property damage losses included in the underground resources and equipment hazard and related expenses.

COVERAGE MODIFICATION ENDORSEMENTS (CG 24)

CG 24 01–Non-Binding Arbitration

This endorsement establishes the framework and procedures to use when submitting proceedings to non-binding arbitration.

CG 24 02–Binding Arbitration

This endorsement establishes the framework and procedures to use when submitting proceedings to binding arbitration.

CG 24 14–Waiver of Governmental Immunity

This endorsement states that the insurance company agrees to not exercise an insured’s governmental immunity in its adjusting and defending of claims. The insured still has the right to request the carrier to claim the immunity but must do so in writing.

MISCELLANEOUS COVERAGE FORMS AND ENDORSEMENTS (CG 28 AND 29)

CG 28 04–Earlier Notice of Cancellation Provided by Us

This endorsement increases the number of days of notice of cancellation to the named insured to the number of days on the endorsement schedule.

The number of days’ notice can be higher than the state minimum number but never less.

CG 28 05–Personal Injury Liability

This endorsement adds personal injury liability coverage. it includes a separate insuring agreement, exclusions, and duties the named insured must perform if a loss occurs. It also defines personal injury and revises the definition of suit.

CG 28 07–Principals Protective Liability Coverage

This endorsement adds Principals Protective Liability Coverage.

Related Article: CG 28 07-Principals Protective Liability Coverage

CG 28 12–Pesticide or Herbicide Applicator–Limited Pollution Coverage

This endorsement provides limited pollution coverage for pesticide and herbicide applicators. However, coverage applies only if they meet and comply with all federal, state, or local government statutes, ordinances, regulations, or licensing requirements that apply to such operations

Related Article: Pollution Exclusion and Limited Coverage

CG 29 35–Additional Insured–State or Governmental Agency or Subdivision or Political Subdivision–Permits or Authorizations

This endorsement amends Who Is an Insured to include the state, political subdivision, governmental agency, or subdivision on the endorsement schedule as an additional insured but only with respect to the permit or authorization. Coverage is limited to what the law permits. When the endorsement is required by contract, coverage and limits are further limited to not being broader than what that contract requires.

Note: This endorsement is not to be used to provide additional insured status for work performed on the governmental entity’s behalf.

CG 29 51–Employment-Related Practices Exclusion

This endorsement excludes liability coverage for employment-related practices. It applies whether the event that caused the injury occurs before, during, or after a person’s employment.

CG 29 60– Exclusion - Unmanned Aircraft

(Use with CG 00 09)

This endorsement amends the Aircraft, Auto or Watercraft exclusion to also exclude unmanned aircraft. The term unmanned aircraft is defined.

CG 29 88–Waiver of Transfer of Rights of Recovery Against Others to Us

This endorsement amends the Transfer of Rights of Recovery Against Others to Us condition. The insurance company agrees to waive its rights of recovery against the person or organization on the endorsement schedule. However, this applies only if the insured had waived those rights prior to the loss and only to the extent those rights were waived. There is NO requirement that the waiver be in writing.

Note: The insured can waive any and all of its rights to recovery from anyone as long as such waivers are in writing and are provided PRIOR to a loss. This endorsement is just an added method to create a waiver.

MISCELLANEOUS ENDORSEMENTS AND EXCLUSIONS (CG 31 AND 33)

CG 31 15–Construction Project Management Protective Liability Coverage

Related Article: CG 31 15–Construction Project Management Protective Liability Coverage

CG 31 31–Fungi or Bacteria Exclusion

This endorsement excludes liability coverage for losses that would not have taken place except for fungi or bacteria on or in a building or structure and its contents. It also excludes loss, costs, or expenses that any insured or others incur to test for or clean up fungi or bacteria. It does not apply to any fungi or bacteria on or contained in a product intended for bodily consumption. Coverage for losses caused by or resulting from fungi or bacteria can be bought back under CG 31 32–Limited Fungi or Bacteria Coverage.

CG 31 32–Limited Fungi or Bacteria Coverage

This endorsement provides buy back coverage for fungi and bacteria losses excluded by CG 31 31–Fungi or Bacteria Exclusion for the aggregate limit on the endorsement schedule.

CG 31 66–Exclusion–Exterior Insulation and Finish Systems

This endorsement excludes liability coverage for bodily injury and property damage due to any aspect of any exterior insulation and finish system or its component parts. It also defines exterior insulation and finish system.

CG 33 53–Exclusion - Access or Disclosure of Confidential or Personal Information and Data-Related Liability - With Limited Bodily Injury Exception (05/14 addition)

This mandatory endorsement excludes all damages, except for bodily injury, that are due to cyber security related items such as the disclosure nonpublic information. It also excludes all damages that are due to electronic data use and access.

Note: Endorsements CG 04 37, CG 33 59 and CG 33 63 cannot be attached when CG 33 53 is attached.

CG 33 59–Exclusion - Access or Disclosure of Confidential or Personal Information and Data-Related Liability - Limited Bodily Injury Exception Not Included

This endorsement can be used in place of the CG 21 07. It excludes all damages, including for bodily injury, that are due to cyber security related items such as the disclosure nonpublic information. It also excludes all damages that are due to electronic data use and access.

Note: Endorsements CG 04 37, CG 33 53, and CG 33 63 cannot be attached when CG 33 59 is attached.

CG 33 63–Exclusion - Access or Disclosure of Confidential or Personal Information
(Coverage B Only)

This endorsement can be used in place of the CG 21 07. It excludes only personal and advertising injury damages that are due to cyber security related items such as the disclosure of nonpublic information.

Note: Endorsements CG 04 37, CG 33 53, and CG 3359 cannot be attached when CG 33 63 is attached.

CG 33 70–Silica or Silica-related Dust Exclusion

This endorsement excludes liability coverage for losses that arise out of any aspect or element of silica or silica-related dust. It also defines Silica and Silica-Related Dust.

CG 34 19–Waiver of Transfer of Rights of Recovery Against Others to Us – Automatic

This endorsement amends the Transfer of Rights of Recovery Against Others to Us condition. The insurance company agrees to automatically waive its rights of recovery against any party for whom the insured had waived those rights in a contract prior to the loss and only to the extent those rights were waived.

Note: This endorsement is an acknowledgement that an insured can waive its rights against any party but only when such waiver is in writing and occurs prior to a loss.

CG 34 20–Limited Coverage for Designated Unmanned Aircraft

This endorsement amends the Aircraft, Auto or Watercraft exclusion to exclude unmanned aircraft. The term unmanned aircraft is defined. However, any scheduled unmanned aircraft and the project for which it is used are excepted from the exclusion. The exception is subject to the Unmanned Aircraft Liability Aggregate Limit scheduled on the endorsement. This limit is not additional limits but instead is subject to the policy occurrence and the general aggregate limits.

CG 34 23–Exclusion – Earth Movement

Bodily injury or property damage that is the result of any type of earth movement that is alleged to have occurred because of operations being conducted by the contractor is excluded. Earth movement is defined in the endorsement.

CG 34 28–Exclusion - Cross Suits Liability

This endorsement applies only when there are multiple named insureds. Any suit brought by one named insured against another named insured is not covered.

CG 34 32–Total Pollution Exclusion

This endorsement replaces the Pollution exclusion in the coverage form with one that deletes all exceptions.

CG 34 33–Total Pollution Exclusion With A Hostile Fire Exception

This exclusion replaces the pollution exclusion in the coverage form. It is the same as CG 34 32 except for a limited exception for loss due to heat, smoke, or fumes from a hostile fire.

CG 34 34–Total Pollution Exclusion with A Building, Heating, Cooling, and Dehumidifying Equipment Exception and A Hostile Fire Exception

This endorsement is the same as CG 34 32 with two exceptions. It does not apply to injury from any smoke, fumes, vapor, or soot that building heating, cooling, or dehumidifying equipment releases. It also does not apply to injury or damage from heat, smoke, or fumes that result from a hostile fire.

CG 34 46–Cannabis Exclusion

Damages due the bodily injury or property damage that is the result of cannabis is not covered. This is a very broad exclusion. The only exception is when a contractor, persons engaged in the operations or others for whom the contractor is responsible cause such damages while under the influence of cannabis. The exception does not apply if the cannabis was supplied by the named insured.

Note: Pay particular attention regarding the exception’s wording. In our opinion, it could use some clarity.

CG 34 47–Cannabis Exclusion with Hemp Exception

This endorsement is quite similar to CG 34 46. The difference is the form’s exception for certain types of hemp-related products.

CG 99 10–Premium Audit Noncompliance Charge

This replaces the audit condition in the base policy with wording that penalizes the contractor if it does not provide needed information when required. This endorsement punishes those resist cooperating by adding financial l penalties. If the scheduled number of written attempts to secure relevant information are ignored, a charge is assessed. The assessment is a percentage of the estimated premium.

INTERLINE ENDORSEMENTS (IL)

IL 00 03–Calculation of Premium

This endorsement is used on multiple year policies to calculate revised premiums at each anniversary.

IL 00 21–Nuclear Energy Liability Exclusion Endorsement (Broad Form)

This endorsement excludes all losses caused by or that result from the hazardous properties of nuclear materials. Related Article: IL 00 21–Nuclear Energy Liability Exclusion Endorsement (Broad Form)