Due Diligence for Insurance Coverage in Transportation Construction Contracts (2015) / Chapter Skim
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Pages 9-18
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9determined after the apportionment of fault by settlement or jury verdict. In some matters in Missouri, insurance companies and the Missouri Department of Transportation (MoDOT)
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10 Insurance policies are typically printed on standard forms. Some of those forms are printed by the ISO, while other forms may be prepared by an underwriter for an insurance company.
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11 is an additional insured with respect to (or in some cases only with respect to)
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12 the area in which the insured is performing operations."18 In Transp.
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13 Air Conditioning Corp.
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14 Other courts have held that the professional services exclusion is not applicable to claims of negligent hiring or supervisions.37 In revising its professional liability endorsements in 2013, ISO added language that the professional liability exclusions arise "even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training, or monitoring of others caused by that insured"38 as long as the occurrence that caused the damage involved the rendering of professional services. This type of language could lead to protracted disputes about coverage, and again calls into question whether CGL coverage alone is sufficient coverage for many construction projects.
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15 protection of one party from third-party claims, and is an obligation of the company whether or not the company's insurance carrier decides to cover a loss. The indemnity obligation may even include the negligence of the indemnitee itself.42 Some states allow for limited indemnity only, providing for an indemnitor to protect the other party to the contract from thirdparty claims only to the extent of the indemnitor's negligence.
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16 from December 2000 to December 2002. The specifications required Roadway to have products-completed operations coverage for at least 1 year after completion of its work.
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17 application of indemnity agreements in conjunction with the contract indemnity provisions, often resulting in protracted and complicated litigation.51 3. Failure to Provide Insurance in Compliance with DOT Specifications Many times, when refusing coverage, an insurance company will state that the coverage requested or demanded is excluded by endorsement or other language found in the policy.
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18 that action because the policy only covered tangible property, not economic losses. Similarly in Wright v.
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