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CONTENTS I. Introduction, 3 II. Survey and Survey Results, 4 A. Amounts and Types of Insurance Required, 4 B. Additional Insured and Additional Named Insured Coverages, 5 C. Indemnification, 5 D. Litigation, 5 E. Proof of Insurance and Affirmation of Coverage, 6 F. Timing of Notice to Proceed, 7 G. Types of Coverage Required, 7 H. Preapproval Process, 7 I. Standard Forms, 7 J. Details of Specifications, 8 III. Legal Research Topics, 9 A. Types of Coverage, 10 B. Duty to Defend, Indemnify, and Provide Insurance, 14 C. Breach of Contract, 15 D. Waiver of Sovereign Immunity, 17 E. Primary Coverage, 18 F. Owner Controlled Insurance Policies (OCIP) and Contractor Controlled Insurance Policies (CCIP), 18 IV. Common Coverage Issues, 19 A. Coverage for Accidents in the Construction Zone , 19 B. Status of Additional Insured and Additional Named Insured, 20 C. Prevention of Lapse in Coverage, 20 D. Uncertainty of Coverage, 21 E. Rights of the Insurer and Rights of the Insured, 22 V. Observations, 23 A. Components of the Commonly Used Provisions, 24 B. Frequently Used Internal Processes, 25 C. Commonly Used Provisions of State Specifications, 26 Conclusion, 28 Appendices, 29 Appendix A: Survey, A-1 Appendix B: Examples of Certification/Affirmation of Coverage, B-1 Appendix C: Checklist for Coverage Review, C-1 Appendix D: Standard ISO Additional Insured Endorsements, D-1 Appendix E: Sample Letter to Contractors, E-1 Appendix F: Commonly Used Terms, F-1 Appendix G: Proposed Additional Insured Endorsement, G-1 Appendix H: Explanation of Certificates of Insurance, H-1 LRD 66rev2.indd 2 7/1/15 9:11 AM
