In New York’s construction industry, the words “additional insured” appear in nearly every contract. Owners demand it. General contractors demand it. Even some subcontractors demand it. But here’s a costly misconception: many contractors believe that if their broker issues a certificate of insurance listing these parties, coverage is automatic.
That’s false. Certificates are for information only. They don’t create coverage. What matters is the actual endorsement language in your Commercial General Liability (CGL) policy. Unless the right forms are attached and the contracts are properly worded, coverage may not exist when a claim hits.
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Why New York Contractors Are With Surplus Lines Carriers
Most admitted insurers don’t write CGL policies for New York City contractors. The reason: New York’s strict Labor Law 240/241 (the Scaffold Law) creates heavy liability exposure. That pushes almost all contractors into the surplus lines market.
Surplus lines carriers rely on ISO forms (sometimes with modifications) to define additional insured coverage. The three most common are CG 20 10, CG 20 38, and CG 20 37. Whether coverage applies depends entirely on how your contracts line up with these endorsements.
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What Are Ongoing Operations?
“Ongoing operations” refers to the work you’re actively performing on a project—while the job is still in progress.
Example: A subcontractor is installing drywall. During the work, a worker accidentally damages plumbing lines, causing a flood in the building. That claim arises out of the subcontractor’s ongoing operations.
Coverage for ongoing operations applies to accidents, property damage, or bodily injury happening during construction, while work is being performed.
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Ongoing Operations Endorsements: CG 20 10 and CG 20 38
When contracts require additional insured coverage during construction, most policies use one of these endorsements:
CG 20 10 (Additional Insured – Owners, Lessees or Contractors – Scheduled Person or Organization)
• Covers additional insureds when required by a written contract or agreement.
• The contract does not need to be direct. If your subcontract says you will provide AI coverage to the GC and owner, both may qualify even though you don’t have a direct contract with the owner.
CG 20 38 (Additional Insured – Automatic Status for Other Parties When Required in Written Construction Agreement)
• Provides automatic AI status for parties you’re required to insure under a written construction agreement.
• Like CG 20 10, it doesn’t require a direct contract, but it does require that the obligation is in writing.
Bottom line: For ongoing operations, as long as the written agreement clearly requires AI coverage, CG 20 10 and CG 20 38 can extend coverage to upstream parties—even if you don’t contract directly with them.
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What Are Completed Operations?
“Completed operations” refers to liability that arises after your work is finished.
Example: A subcontractor installs windows on a building. Six months after the project is completed, one window was improperly sealed and water leaks cause major damage. That’s a completed operations claim.
Completed operations coverage is crucial because construction defects or faulty work often cause damage long after the job is done. Most owners and GCs insist that contractors carry it.
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Completed Operations Endorsement: CG 20 37
CG 20 37 (Additional Insured – Owners, Lessees or Contractors – Completed Operations) extends AI coverage after the work is finished—but it has stricter requirements.
• Coverage applies only when there is a written contract requiring the insured to provide completed operations AI status.
• Many carriers and courts interpret CG 20 37 narrowly, often requiring a direct written contract with the additional insured.
Here’s the trap: contracts often say the subcontractor must provide completed operations coverage to “the owner, the general contractor, the construction manager, the lender, and the architect.” But unless each of those parties has a qualifying written agreement with the subcontractor—or is specifically scheduled on the policy—they may not be covered under CG 20 37.
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The Myth of Certificates of Insurance
Certificates are issued all the time listing owners, GCs, lenders, and architects as additional insureds. But every certificate carries this disclaimer:
“This certificate is issued as a matter of information only and confers no rights.”
That means certificates do not create coverage. If the policy endorsements don’t support the additional insured requirement, the insurer will deny the claim—no matter what the certificate says.
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How Contractors Can Protect Themselves
The best way to avoid coverage disputes is to make sure your paperwork satisfies the endorsement requirements.
1. Know your endorsements. Confirm whether you have CG 20 10, CG 20 38, CG 20 37, or non-ISO versions.
2. Match your contracts. Make sure your subcontract agreements clearly state that AI coverage extends to all upstream parties you’re required to cover.
3. Use side agreements if necessary. For completed operations especially, a simple direct written agreement can close the gap and eliminate arguments later.
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Sample Direct Written Agreement
Here’s a stronger version contractors can adapt:
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Additional Insured Agreement
This Agreement is made as of [Date], by and between [Contractor Name] (“Contractor”) and [Additional Insured Party Name] (“Additional Insured”).
1. Coverage Obligation
Contractor agrees to provide Additional Insured status to [Additional Insured Party] under Contractor’s Commercial General Liability policy for both ongoing operations and completed operations, as required by the contract for [Project Name/Location].
2. Written Agreement Requirement
This Agreement is intended to satisfy the written agreement requirement of endorsements CG 20 10, CG 20 38, and CG 20 37, or their equivalents.
3. Primary and Non-Contributory Coverage
Contractor’s insurance shall be primary and non-contributory with respect to any insurance maintained by the Additional Insured.
4. Waiver of Subrogation
Contractor’s insurer shall waive any rights of subrogation against the Additional Insured, to the fullest extent permitted by law.
5. Term
This Agreement shall remain in effect for the duration of the project and through the completed operations period required under Contractor’s policy.
Signed:
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Contractor
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Additional Insured
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By including primary/non-contributory and waiver of subrogation in the agreement, you align with the most common upstream contract demands and remove doubt about coverage.
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Negotiating Contracts With Insurance in Mind
When reviewing construction contracts:
• Ask which AI endorsements are required.
• Confirm whether they apply to ongoing, completed, or both operations.
• Ensure side agreements cover primary/non-contributory and waiver of subrogation.
You can even share this article to help upstream partners understand why certificates aren’t enough.
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The Bottom Line
In New York construction, additional insured coverage is not automatic.
• Ongoing operations = claims during the project → CG 20 10 or CG 20 38 may apply with a written agreement (not necessarily direct).
• Completed operations = claims after the project is finished → CG 20 37 is stricter and may require direct written contracts or proper scheduling.
• Certificates don’t create coverage. Only policy endorsements and contracts do.
• Side agreements can close gaps—and should include primary/non-contributory wording and waiver of subrogation.
Contractors who don’t pay attention risk millions in uncovered claims. Those who plan ahead protect both themselves and their partners.
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About BGES Group
At BGES Group, we specialize in New York construction insurance. We know the pitfalls of surplus lines carriers, the quirks of additional insured endorsements, and the dangers of Labor Law claims.
We don’t just sell policies—we help contractors review their contracts, endorsements, and certificates to make sure they’re truly covered.
📞 Contact:
• Gary Wallach
• Phone: 914-806-5853
• Email: bgesgroup@gmail.com
• Website: http://www.bgesgroup.com
Before you sign your next job, call us. We’ll make sure your additional insured coverage holds up when you need it most.