Litigation of Additional Insured Claims in the Construction Industry (On-Demand)

General Credits:
Original Date Of Course:



Course Description

This course will provide counsel for construction companies with guidance on the use of indemnity and insurance provisions in contracts and their role in transferring risk from upstream to downstream parties. The speaker will discuss how and when to make a claim for additional insured coverage and pitfalls that may be encountered along the way, including issues regarding causation, extrinsic evidence, contractual privity, and priority of coverage.


  1. Risk transfer principles
    • Contractual indemnity
      • Types of contractual indemnity provisions
      • Effect of anti-indemnity statutes
    • Additional insured coverage
      • Types of contractual insurance provisions
      • Benefits of additional insured coverage
  2. Tendering a claim for additional insured coverage
    • Where to direct the tender
    • What tender should include
  3. Common risk transfer pitfalls
    • Causation triggers
      • Evolution of causation triggers over time
      • Interpretation of “caused, in whole or in part, by” causation trigger
    • Extrinsic evidence
      • Whether extrinsic evidence can be used to establish duty to defend
    • Contractual privity
      • Privity language in ISO and manuscript forms
      • Court interpretations of privity language
    • Priority of coverage
      • Vertical exhaustion vs. horizontal exhaustion
      • The “follow form” excess misnomer


Bethany L. Barrese, Esq.

Credit Details

Course Type

Course Instructor

Bethany L. Barrese, Esq.

Original Date Of Course

General Credits