The other party’s insurance company or “authorized” insurance agent, broker or risk management department should provide the certificate of insurance to you.
Certificate of Property Insurance:
This certificate is required by the University when another party has been made responsible for providing insurance on property the University/Auxiliary Organization owns or for which we are responsible, or in the case of tenants, when it is specifically required contractually.
- Property Covered - The certificate should provide an appropriate description of all property for which insurance is required;
- Limits - The certificate should evidence appropriate amounts of coverage for the property and applicable deductibles;
- Coverages - The certificate should provide appropriate coverages for the risk of loss to which the property is subject.Most often, this is expressed as all risksor special form;
- Interests - The certificate should indicate the nature of our interest, i.e. owner, lender or landlord in the insured property and our status under the property; and
- Loss Payee - If the University/Auxiliary Organization is named as a Loss Payee, the certificate should clearly state we are a Loss Payee and for what purpose. By being named as a Loss Payee, the University/Auxiliary Organization will have the right under the policy to be reimbursed for a loss to our property directly by the Insurance carrier.Usually in the event of a covered loss, the carrier will issue a payment jointly to the Loss Payee and the Insured.
Certificate of General Liability Insurance:
- Basis - The certificate should indicate whether coverage is being provided on an occurrence basis or on a claims-made basis.Most General Liability insurance policies are written on an occurrence basis.(preferred)
- Limits - The certificate should specify amounts of coverage conforming to the requirements of the contract
- Coverages - The certificate should specify whether coverage, is provided by a Comprehensive General Liability policy or a Commercial General Liability policy.It should also indicate whether special coverages required by the contract have been included.
Certificate of Excess Liability:
- Limits - If the other party’s General Liability, Automobile, Employer’s Liability, etc. policies provide less than the limits required, the certificate of insurance may (and should) give evidence of an excess policy to provide the additional limits.
- Coverages — The certificate should indicate whether the Excess Liability coverage is provided on an excess form or an umbrella form.
Most often, the University/Auxiliary Organization should require evidence of Workers’ Compensation coverage from its vendors and subcontractors.Please note the University/Auxiliary Organization cannot be added as an Additional Insured to a Workers’ Compensation policy.
- Limits - The certificate should specify that the policy provide the statutorily required benefits of Workers’ Compensation and the minimum amount of Employer’s Liability coverage required by contract.
- Waiver of Subrogation - The policy of insurance should be endorsed with a waiver of subrogation in favor of the University/Auxiliary Organization.This language protects the University/Auxiliary Organization from claims for contribution resulting from injuries sustained by contractor employees.
Again, this coverage is important from vendors and contractors.
- Limits - The certificate should indicate amounts of Automobile Liability insurance consistent with the contract requirements.
- Coverages - The certificate should identify the categories of automobile to which the coverage applies and any additional coverage endorsed to the Automobile Liability policy, for example -owned, hired or borrowed vehicles.
The vendors and contractors contract should be carefully reviewed to determine when it is prudent to request this coverage.
- Limits - The limits should be clearly stated.Many policies of this type have a significant deductible or SIR (self-insured retention), which should also be clearly stated.The contractor isresponsible for the deductible before insurance cover kicks in.
- Coverages - This type of Insurance policy is not as standard as Automobile or Workers’ Compensation so the types of coverage provided by the policy should be clearly stated.
- Additional Insured - Most often for pollution liability, only the carrier will issue endorsements naming other parties as an Additional Insured, so any certificate issued by the agent//broker or Insured’s Risk Management department should be carefully reviewed to determinethat they have the appropriate authority to grant this status.
The risks associated with IT products and services are ever-evolving and increasing which means serious attention needs to be paid to the contract wording along with the insurance requirements. The ability to transfer these risks to traditional insurance or look to typical contractual indemnity is severely limited due to the complexity of these risks. The policy shall provide coverage for breach response costs as well as regulatory fines and penalties as well as credit monitoring expenses with limits sufficient to respond to these obligations.
Limits - The certificate should indicate amounts of Cyber Liability insurance consistent with the contract requirements.
Coverages - Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Vendor in this agreement and shall include, but not be limited to, claims involving infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, the release of private information, alteration of electronic information, extortion and network security.