Negotiating Insurance and Indemnity Provisions in Real Estate and Construction Contracts-Negotiating Insurance and Indemnity Provisions in Real Estate and Construction Contracts

Negotiating Insurance and Indemnity Provisions in Real Estate and Construction Contracts

Video Transcription

Video Summary

The presenters explained insurance recovery as representing policyholders, not insurers, and helping clients maximize coverage through contracts, insurance procurement, indemnity, and risk transfer. They stressed that contract forms should not be reused blindly because insurance requirements vary by transaction, state law, and project role. Key topics included insurance procurement provisions, limits, deductibles, and the need to match coverage to actual risk.<br /><br />A major focus was additional insured coverage: how it works, how it is added by scheduled or blanket endorsements, and why form language matters. They reviewed the evolution of additional insured forms, noting that modern versions are narrower than older ones and often require the named insured’s acts or omissions to trigger coverage. They also discussed primary and non-contributory language, completed versus ongoing operations, and the importance of verifying that policies—not just certificates of insurance—contain the promised coverage.<br /><br />The speakers then covered contractual indemnity, explaining the differences between limited, intermediate, and broad form indemnity, Ohio anti-indemnity limits, workers’ compensation immunity waivers, and insured contract coverage under CGL policies. They closed with claims-handling best practices: identify the policy type, give timely notice to all potentially relevant insurers, and involve carriers early in defense and settlement decisions.

Keywords

insurance recovery

policyholders

additional insured coverage

contractual indemnity

insurance procurement

anti-indemnity laws

primary and non-contributory

commercial general liability

claims handling