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The Upshot of ISO's Fault-Based Additional Insured Endorsement
It has been 10 years since the Insurance Services Offices, Inc. (“ISO”) issued the fault-based version of its CG 20 10 additional insured endorsement. The 2004 endorsement, Form CG 20 10 07 04, replaced the widely litigated phrase “arising out of” with a more restrictive requirement that the additional insured's liability be “caused, in whole or in part, by” the “acts or omissions” of the named insured. ISO touted the 2004 revisions as the industry's solution to the overly broad judicial interpretations of “arising out of” that have afforded coverage for the additional insured's sole negligence and other unintended transfers of risk. Nevertheless, ISO's effort to achieve a narrower interpretation has been met with inconsistent and sometimes perplexing results. Some courts have interpreted the endorsement as requiring negligence while others have limited the coverage grant more strictly to vicarious liability.
Many courts have wrestled with the requisite degree of fault or how to interpret the duty to defend in the typical scenario where the named insured employed the claimant and is immune from direct allegations of fault. To further complicate matters, a new shift to a “no-fault” interpretation of the endorsement has recently gained traction in New York. With many issues still unresolved and litigation over the endorsement on the rise, ISO's fault-based additional insured endorsement seems to be proving no less troublesome than its predecessor.
New York's Latest Cybersecurity Commitment
On Aug. 9, 2023, Gov. Kathy Hochul introduced New York's inaugural comprehensive cybersecurity strategy. In sum, the plan aims to update government networks, bolster county-level digital defenses, and regulate critical infrastructure.
Law Firms are Reducing Redundant Real Estate by Bringing Support Services Back to the Office
A trend analysis of the benefits and challenges of bringing back administrative, word processing and billing services to law offices.
Bit Parts
Summary Judgment Denied Defendant in Declaratory Action by Producer of To Kill a Mockingbird Broadway Play Seeking Amateur Theatrical Rights
Risks of “Baseball Arbitration” in Resolving Real Estate Disputes
“Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.