Complex Commercial Litigation

Contract Claims

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?

What if the required coverage was never obtained?