Additional Insured Clause

Additional Insured Clause

Additional Insured Clause

An additional insured clause obligates a party to obtain coverage naming the counterparty as an insured, often specifying that the coverage be primary and non-contributory and stating required limits.

The contractual obligation is distinct from the actual endorsement, and the scope of coverage ultimately depends on the endorsement form issued.

Alternative Names:

AI Requirement, Insurance Procurement Clause

Why it Matters?

The contractual promise and the coverage delivered frequently diverge, and that gap is where litigation occurs. A contract may require primary non-contributory coverage for the indemnitee's own negligence while the endorsement actually issued covers only liability caused by the named insured. Verifying the endorsement rather than accepting a certificate of insurance is the practical control, and failure to procure the required coverage is itself a breach claim.

Frequently asked questions

Is a certificate of insurance sufficient proof?

Is a certificate of insurance sufficient proof?

No. Certificates are informational and typically disclaim conferring rights. The actual endorsement should be obtained and reviewed.

What if the required coverage was never obtained?

What if the required coverage was never obtained?

Failure to procure is a breach of contract claim, and the breaching party may be responsible for the coverage that should have existed.