COMPARE: AAIS CU 0002–COMMERCIAL UMBRELLA LIABILITY COVERAGE 09 10 EDITION TO ISO CU 00 01–COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM 04 13 EDITION

(October 2025)

This comparison highlights the similarities and differences between the American Association of Insurance Services (AAIS) CU 0002–Commercial Umbrella Liability Coverage 09 10 Edition and the Insurance Services Office (ISO) CU 00 01–Commercial Liability Umbrella Coverage 04 13 Edition. To make it easy to read side-by-side, the descriptions and comparisons are simplified and less detailed than those in the actual coverage forms analyses.

Related Articles:

CU 0002–Commercial Umbrella Liability Coverage Analysis

CU 00 01–Commercial Liability Umbrella Coverage Form Analysis

NOTE: This comparison aligns with the outline and format of the AAIS coverage form.

AAIS AND ISO COMMERCIAL UMBRELLA LIABILITY COVERAGE COMPARISON

NOTE: Items marked as excluded might have exceptions. Please consult the referenced policy for details.

SECTION

AAIS CU 0002 09 10 EDITION

ISO CU 00 01 04 13 EDITION

Table of Contents

Explains how this policy is organized and assists in locating certain items.

A separate form, CU R 001 03 22, provides the table of contents.

Introduction Statement

Explains there is a state-specific endorsement that applies. Other schedules and endorsements are identified on the declarations.  Additionally, it refers to definitions for words and phrases with special meanings.

A statement is provided with various provisions and definitions, and suggests reading the coverage form.

Agreement

Explains that the coverage provided is subject to various terms, and the insured is paying the premium.

No corresponding section in the coverage form, but is provided on the declarations.

Definitions

Located at the beginning of the policy.

Located at the end of the policy.

You and your

The named insured person or persons, organization, or entity on the declarations.

Similar, but in the introduction.

You and your

Newly acquired entities for up to 90 days.

Same, but located under Section II–Who Is An Insured.

We, us, and our

The insurance company providing the coverage.

Same, but located in the introduction.

Advertisement

Any type of public notice or announcement offering the named insured's merchandise or services to the public.

Similar

Auto

A land motor vehicle, trailer, or semi-trailer for public road use. In addition, vehicles subject to financial responsibility laws. Excludes mobile equipment.

Similar

Bodily injury

Bodily harm, sickness, or disease of a person, including death. Excludes mental or emotional injury, suffering, or distress that does not result from the bodily injury.

Similar, but includes mental anguish or other mental injury.

Claims-made  

Liability insurance only covering claims made during the policy term and on or after the retroactive date.

Not a defined term.

Coverage territory

The world, except jurisdictions, nations, or countries subject to United States economic sanctions or embargoes.

Same

Covered auto

Autos covered by liability under the underlying insurance.

Same

Covered contract

Specifically defined contracts. Subject to certain limitations.

Same, but refers to it as “insured contract.”

Damages

Monetary compensation for persons or parties that sustain injury.

Not a defined term.

 

Declarations

Pages labeled declarations, supplemental declarations, or schedules.

Not a defined term.

 

Designated insured

Certain individuals in the definition of insured and employees authorized to handle claims.

Not a defined term.

Employee

Includes leased workers but not temporary workers.

Same

 

Executive officer

A person who holds an officer position that was created by one of the named insured's governing documents.

Same

 

 

Impaired property

Property neither damaged nor useful.

Same

 

Indemnitee

Under a contract or agreement, a person or organization for whom an insured has assumed liability for damages due to bodily injury or property damage.

Not a defined term

 

 

 

Insured (Other than Auto)  

Based on the named insured's type of business entity.

 

Not a defined term, but addressed under Section II–Who Is An Insured.

 

Insured (Auto)

Based on underlying coverage.

 

Not a defined term, but addressed under Section II–Who Is An Insured. Does not refer to underlying coverage.

Leased worker Insured

A person the named insured leases from a labor leasing business to perform duties related to the insured's business under a contract, excluding temporary workers. 

Same

Limit

The amount of coverage that applies.

Not a defined term.

 

Loading or unloading  

Property moved to, on, and from an auto, aircraft, or watercraft.

Same

Mobile equipment

Extensive list of equipment.

Same

Occurrence

An accident, including continuous or repeated exposure to similar conditions.

Similar, but uses "substantially" in place of "similar" and "general harmful" precedes the word "conditions.”

Personal and advertising injury occurrence

Injury due to certain offenses.

Same

 

Pollutant

Any solid, liquid, gaseous, thermal, or radioactive irritant or contaminant. Includes visible and invisible electrical, magnetic, or electromagnetic particles and fields.

Similar, but does not include radioactive or refer to visible or invisible electrical, magnetic, or electromagnetic particles and fields.

Products

Goods or merchandise the named insured manufactures, sells, handles, disposes of, or distributes.

Similar, referred to as “Your Product.”  

Products/completed work hazard

Bodily injury or property damage from products or completed work.

Similar, but referred to as “Products-Completed Operations Hazard.” 

Property damage

Damage or destruction of or loss of use of tangible property, including loss, cost, or expense related to pollutants with respect to owning, maintaining, or using covered autos.

Similar, but limits pollution coverage with respect to covered autos to the extent of underlying coverage, and specifically lists property that Electronic Data includes.

Recreational vehicle

A golf cart, snowmobile, or land motor vehicle designed for recreational use off public roads.

Not a defined term.

Retained limit

Either the self-insured retention or the available limits of underlying insurance on the declarations.

Same

Self-insured retention

The dollar amount the insured pays before this insurance triggers when underlying coverage is not provided.

Same

Silica

All forms of silicon dioxide, silica mixed with other compounds, and silica dust mixed with other dust particles.

Not a defined term.

Suit

Suits include alternative dispute or arbitration proceedings.

Same

Temporary worker

Temporary substitute, seasonal, or short-term worker.

Same

Terms

Provisions, limitations, exclusions, conditions, and definitions applying to the policy.

Not a defined term.

Essentially included by inference in the coverage form's opening sentence.

Underlying insurance

Liability coverages listed on the schedule of underlying insurance, including replacement policies.

Similar, but does not include replacement policies.

Underlying insurer

Insurance companies issuing underlying insurance coverage forms or policies.

Same

Volunteer worker

A person who donates their time or services.

Similar

Your work

Work or operations plus materials, warnings, and warranties.

Same

Pollution cost or expense

Not a defined term, but included in the exclusions.

Any loss, cost, or expense that arises from any requirement for the named insured to respond to the effects of pollutants.

Ultimate net loss

Not a defined term.

This term is used in the Limits of Insurance section. It refers to legally obligated damages minus recoveries.

COMMERCIAL UMBRELLA LIABILITY COVERAGES

SECTION I–COVERAGES

INSURING AGREEMENT

 

AAIS CU 0002 09 10 EDITION

ISO CU 00 01 04 13 EDITION

 

Coverage L–Bodily Injury Liability and Property Damage Liability

Coverage A–Bodily Injury and Property Damage Liability

 

Pays covered damages the insured is legally obligated to pay in excess of the retained limit.

Similar, but refers to the ultimate net loss.

 

The right and duty to defend against suits when underlying insurance does not apply or its limits are exhausted.

Similar

 

The company can participate with the insured or the underlying carrier to defend.

Same

 

Duty to defend includes the right to investigate and settle claims or suits.

Similar

 

The damages amount payable is limited, as outlined under How Much We Pay.

Similar, but refers to ultimate net loss as Section III–Limits of Insurance describes.

 

Payment of limits ends the duty to defend.

Similar

 

No other obligation or liability unless provided for under Supplemental Payments.

Similar


 

Coverage applies only to bodily injury or property damage from occurrences taking place in the coverage territory, must take place during the policy period, and must not be part of previous losses that took place before this coverage’s inception date.  

Similar

 

The coverage provided for bodily injury or property damage includes continuation, resumption of, or change in such injury or damage after this policy period ends.

Similar

 

Bodily injury damages include those claimed for care, loss of services, or death that results from the bodily injury.

Similar

 

The most paid on behalf of an additional insured covered by underlying insurance due to a requirement in a contract or agreement is the amount required in the contract or agreement.

Similar, but located in Section II–Who Is An Insured.

 

Injury or damage covered by underlying insurance may be subject to a separate limit. This insurance applies only if that limit is on the Schedule Of Underlying Insurance.

Addresses retained limits and sub-limits in underlying insurance and how this insurance applies in those cases.

BODILY INJURY AND PROPERTY DAMAGE LIABILITY

EXCLUSIONS

SECTION

AAIS CU 0002 09 10 EDITION

ISO CU 00 01 04 13 EDITION

Expected or intentional acts

Excluded

Excluded

Contractual   Liability

Excluded, but covered contracts are included. Refers to an “indemnitee” as an additional insured.

Similar, but refers to covered contracts as insured contracts. Refers to “a party” as an additional insured.  

ERISA violations

Excluded for fiduciaries.

Excluded for any obligation of the insured.


Workers compensation or similar laws

Excluded

Excluded

Employed master of a vessel or crew member

Excluded

No corresponding exclusion.

Auto Coverages – Not Covered Auto

Excluded

Excluded

Pollution

Excluded

Excluded

Pollution cleanup expense

Excluded

Excluded

War

Excluded

Excluded

Aircraft

Excluded

Excluded

Watercraft

Excluded

Excluded

Liquor liability

Excluded

Excluded

Employers liability

Excluded

Excluded

Professional services

Excluded

Excluded. Lists examples. Also, excludes claims that allege negligence or other wrongdoing.

Employment-related practices

Excluded

Excluded

Fellow employee auto

Excluded

No corresponding exclusion.

Racing Activities

Excluded, and includes recreational vehicles.

Excluded, but does not mention recreational vehicles.

Property damage to owned, occupied or rented property

Excluded

Excluded

Property damage to property transported on autos

Excluded

Excluded

Property damage to sold or abandoned property

Excluded

Excluded

Property damage to loaned property

Excluded

Excluded


Property Damage to property in care, custody or control

Excluded

Excluded

Property damage to property that arises from work

Excluded

Excluded

Property damage due to insured’s faulty work

Excluded

Excluded


Property damage to products

Excluded

Excluded

Property damage to insureds work

Excluded

Excluded

Property damage to impaired property

Excluded

Excluded

Product recall expenses

Excluded

Excluded

Personal and advertising injury

Excluded

Excluded

Electronic data

Excluded

Excluded for property damage only.

Violation of communication laws or regulations

Excluded

Excluded

Lead

Excluded

No corresponding exclusion.

Silica

Excluded

No corresponding exclusion.

Asbestos

Excluded

No corresponding exclusion.

PERSONAL AND ADVERTISING INJURY LIABILITY

INSURING AGREEMENT

 

AAIS CU 0002 09 10 EDITION

ISO CU 00 01 04 13 EDITION

 

Coverage P–Personal and Advertising Injury Liability

Coverage B–Personal and Advertising Injury Liability

 

Pays covered damages the insured is legally obligated to pay in excess of the retained limit.

Similar, but refers to the ultimate net loss.

 

Right and duty to defend the insured against suits seeking such damages when underlying insurance does not apply or its limits are exhausted.

Similar

 

The company can participate with the insured or the underlying carrier to defend.

Same

 

Duty to defend comes with the right to investigate and settle claims or suits.

Similar

 

The damages amount payable is limited, as outlined under How Much We Pay.

Similar, but refers to ultimate net loss as Section III–Limits of Insurance describes.

 

Payment of limits ends the duty to defend.

Similar

 

No other obligation or liability unless provided for under Supplemental Payments.

Similar

 

Coverage applies only to personal and advertising injury offenses taking place in the coverage territory and during the policy period.

Similar

PERSONAL AND ADVERTISING INJURY LIABILITY

EXCLUSIONS

SECTION

AAIS CU 0002 09 10 EDITION

ISO CU 00 01 04 13 EDITION

Pollution

Excluded

Excluded

Pollution testing expense

Excluded

No corresponding exclusion.

War

Excluded

Excluded

Professional services

Excluded

Excluded. Lists examples. Also excludes claims that allege negligence or other wrongdoing.

Employment-related services

Excluded

Excluded

Intentional acts

Excluded

Excluded

Criminal acts

Excluded

Excluded

Prior publication or knowingly false information

Excluded

Excluded, but uses two separate exclusions.

Breach of contract

Excluded

Excluded

Quality or performance

Excluded

Excluded

Insured’s operation is media or internet business

Excluded

Excluded

Wrong description of prices

Excluded

Excluded

Contractual liability

Excluded

Excluded, but includes liability for false arrest, detention, or imprisonment assumed in a contract or agreement.

Infringement of copyright, patent, trademark, or trade secret

Excluded

Excluded

Electronic chatrooms or bulletin boards

Excluded

Excluded

Misleading use of another’s name in electronic media

Excluded

Excluded

Violation of communication laws or regulations

Excluded

Excluded

Lead

Excluded

No corresponding exclusion.

Silica

Excluded

No corresponding exclusion.

Asbestos

Excluded

No corresponding exclusion.

SUPPLEMENTAL PAYMENTS

 

SUPPLEMENTARY PAYMENTS – COVERAGES A AND B

SECTION

AAIS CU 0002 09 10 EDITION

ISO CU 00 01 04 13 EDITION

The insurance company pays for all items listed in this section if it has the duty to defend. 

Yes

Yes

WHAT MUST BE DONE IN CASE OF LOSS

 

SECTION IV–CONDITIONS – 3. DUTIES IN THE EVENT OF OCCURRENCE OFFENSE, CLAIM, OR SUIT

SECTION

AAIS CU 0002 09 10 EDITION

ISO CU 00 01 04 13 EDITION

Cooperation

The named insured must cooperate with underlying carriers.

Similar, but does not mention underlying carrier.

Notice

Inform carrier of occurrence or offence that may or may not result in a claim as soon as practicable.

Same

Voluntary payments

Voluntary payments the insured makes do not obligate the insurance company.

Similar, but includes first aid as a voluntary payment without the company’s consent.

Other duties

Must give the insurance company copies of all legal papers, demands, and notices that relate to a claim or suit brought against any insured and cooperate with the company in all respects.

Similar, but with subtle differences.

HOW MUCH WE PAY

 

SECTION III–LIMITS OF INSURANCE

SECTION

AAIS CU 0002 09 10 EDITION

ISO CU 00 01 04 13 EDITION

Limits of insurance

The most paid is listed on the declarations, regardless of the number of insureds, persons or organizations sustaining injury or damage, claims made, suits brought, or vehicles or watercraft involved in an accident.

Similar, but does not mention watercraft.

Aggregate limit

The Aggregate Limit is the most paid under Coverages L – BI/PD Liability and P – Personal/Advertising Injury Liability. It does not apply to use of autos or loading or unloading autos.

Similar, but refers to ultimate net loss and does not mention loading or unloading a covered auto.

Each occurrence limit

The most paid under Coverage L for a single occurrence.

Similar, but refers to ultimate net loss.

Personal and advertising injury limit

The Personal and Advertising Injury Limit is the most under Coverage P.

Similar, but refers to ultimate net loss.

Non-concurrency

Limited to only losses within policy period.

Same

Application of aggregate

The Aggregate applies per 12- month policy period with exceptions.

Same

CONDITIONS

 

SECTION IV–CONDITIONS

SECTION

AAIS CU 0002 09 10 EDITION

ISO CU 00 01 04 13 EDITION

Appeals

At the company's expense, it may pursue an appeal even if the underlying insurer or insured does not.

Similar, but this provision does not increase the company’s liability beyond the limits that apply to Section III–Limits of Insurance.

Assignment

The policy cannot be transferred to another without the company's consent.

Similar to IL 00 17–Common Policy Conditions–Transfer of Your Rights and Duties Under This Policy.

Bankruptcy of an insured

The insurance company is not relieved of its obligations if an insured becomes bankrupt or insolvent.

Similar, but also mentions the insured's estate.

Bankruptcy of underlying insurer

This insurance does not replace underlying insurance written by a carrier that becomes bankrupt or insolvent. It continues to apply as if the underlying insurance was still in force.

Similar, but also states the insurance company is not relieved of its obligations if an underlying carrier becomes bankrupt.

Cancellation and nonrenewal

Refers to a separate state-specific amendatory endorsement.

Similar to Cancellation in IL 00 17–Common Policy Conditions. However, state-specific endorsement may take precedence.

Change, modification, or waiver of policy terms

To be valid, changes must be made in writing by the insurer.

Similar to IL 00 17–Common Policy Conditions–Changes.

Conformity with statute

Any terms in the coverage form that conflict with state laws are amended to conform to those laws.

No corresponding condition.

Examination of books and records

The insurance company may examine the named insured's records related to this insurance any time during the policy period and up to three years after.

Similar to IL 00 17–Common Policy Conditions–Examination of Your Books and Records.

Inspections

Inspecting the property and operations is an option for the insurance company. Doing so is for the company's benefit, but it does not guarantee safety or compliance with laws.

Similar to IL 00 17–Common Policy Conditions–Inspections and Surveys.

Knowledge of bodily injury/property damage

Outlines the earliest times when such knowledge is understood to have occurred.

Similar, but listed in Section I – Insuring Agreement.

Legal action against us

Outlines the terms and conditions that must be met before the insurance company can be sued.

Similar

Maintenance of underlying insurance

Underlying insurance must be maintained. If it is not, the company treats it as though it is still in force. The named insured must notify, in writing, the insurance company of any changes in the underlying insurance.

Similar, but in addition, states  any underlying insurance broadening coverage during the policy term is treated as being unchanged.

Misrepresentation, concealment, or fraud

Any of these or similar acts voids coverage.

Similar, but referred to as Representations or Fraud.

Subrogation

An insured's rights of recovery against others are assigned to the insurance company to the extent of its payment and cannot be impaired or waived after a loss. Written waivers can be completed before a loss occurs.

Similar, but referred to as Transfer of Rights of Recovery Against Others to Us. It adds that the insurance company can ask the insured to bring suit or transfer the rights and help enforce them.

Transfer of defense

The duty to defend transfers to the umbrella company when the underlying limit has been exhausted for paying judgments and settlements. It cooperates with the underlying carrier in all aspects of the transfer.

Similar

Separate insureds

Coverage applies separately to each insured subject to a claim or suit but does not increase the limits.

Similar, but referred to as Separation of Insureds.

Premium

States the premium charge is based on the company's rules and rates at inception, and details how additional and return premiums are handled.

Similar, but referred to as Premium Audit.

Insurance under more than one policy

Details that this insurance is excess over all other insurance (unless specifically written as excess over this coverage) and the amounts it pays.

Similar, but referred to as Other Insurance and refers to ultimate net loss.

Loss payable

Outlines the insurance pays only after the underlying carrier or insured's obligations are determined.

Similar, but refers to ultimate net loss.

Extended coverage territory

Describes the actions of the insurance company when incidents occur outside the coverage territory, including how claims or lawsuits are handled.

Similar, but referred to as Expanded Coverage Territory.

When we do not renew

No corresponding condition, but may be addressed in the separate state-specific amendatory endorsement.

States that the insurance company mails or delivers notice of non-renewal to the first named insured at least 30 days before the expiration date.

Nuclear Energy Liability

Excluded

Similar to IL 00 21–Nuclear Energy Liability Exclusion Endorsement.