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When you send out a certificate of insurance along with an additional insured endorsement page, do you include the disclaimer page? It seems that there is already a disclaimer on the front page advising it confers no rights upon the cert holder etc and since the policy actually has been endorsed with an a/i, it seems there is no reason to emphasize that the policy must be endorsed if you are an a/i. I also ask this because I have one major wholesaler that require they do the certs and when they send them to me they don't include this page. What do you do?

We include the 2nd page (disclaimer) on every Acord Cert 25 we issue and/or forward regardless as to who the cert goes to. If a program mgr or wholesaler does not give us a cert 25 with the 2nd page, we add it plain and simple. It is one more layer of protection for our agency. The 2nd page has much stronger language on it than the first page and it has specific disclaimer language on it that the front of the cert does not have!!
Our best practices in the agency require it and it has been my experience that every attorney that I have spoken to highly recommends it. Further every agency E&O consultant and/or agency E&O program all have told us that it is a practice that should be followed for every cert created. I have seen two claims over the years that the actual cert (1st page) was incorrect however the 2nd page was attached and it was determined that the disclaimer held more sway therefore, the agency was not held liable, hence made me a big believer. In my opinion, agencies who do not send out that 2nd page each and every time are just playing Russian roulette. (Maybe you should change wholesalers as they may be cutting corners elsewhere as well)

TheInsKid wrote:We include the 2nd page (disclaimer) on every Acord Cert 25 we issue and/or forward regardless as to who the cert goes to. If a program mgr or wholesaler does not give us a cert 25 with the 2nd page, we add it plain and simple. It is one more layer of protection for our agency. The 2nd page has much stronger language on it than the first page and it has specific disclaimer language on it that the front of the cert does not have!!
Our best practices in the agency require it and it has been my experience that every attorney that I have spoken to highly recommends it. Further every agency E&O consultant and/or agency E&O program all have told us that it is a practice that should be followed for every cert created. I have seen two claims over the years that the actual cert (1st page) was incorrect however the 2nd page was attached and it was determined that the disclaimer held more sway therefore, the agency was not held liable, hence made me a big believer. In my opinion, agencies who do not send out that 2nd page each and every time are just playing Russian roulette. (Maybe you should change wholesalers as they may be cutting corners elsewhere as well)

I've added them on every cert as well but I always wonder if, after giving it to the customer, does the certholder actually receive the second page.

By the way, its not just one wholesaler that does this AND they are one of the biggest around. I agree though that any layer of added protection is a good practice.

And how so do you make them prove they received it?

Any attorney that takes the case already knows about the second page, the disclaimer. So without proof they received that 2nd page disclaimer, an attorney will breeze right past it.

I guess we could hand deliver them but with gas at $4.00 a gallon..............................

etimer wrote:And how so do you make them prove they received it?

Any attorney that takes the case already knows about the second page, the disclaimer. So without proof they received that 2nd page disclaimer, an attorney will breeze right past it.

I guess we could hand deliver them but with gas at $4.00 a gallon..............................

Well, I think its one of those things where you can demonstrate that you are consistent in your practices and prove that you did it for client A, B, and C, is there any reason you wouldn't have done it for D? All of the copies on my computer have the second page and when I fax them I have a fax transmittal that shows the number of pages faxed.

However, I'm wondering where you are located that you are getting gas for such a bargain....it's pushing $4.50 where I am!

Yes, consistency is the key. Twenty years ago E&O seminars were pleading the case for consistency and that is around the time I bought my first contact manager program (give or take a few years). But my point is this: we are consistent yes but in the age of digital manipulation, that second page can be added to a computer in a heartbeat and an attorney knows that fact.

I guess what I am getting at is..... yes it is a good to send the second page but I don't think it alone would keep you out of court. We all know the cost of being right is always the defense. So I would think that the main way to stay out of court is to make darn sure those COI's are correct.

$4.00 a gallon gas? I'm on the east coast and I believe many poster's are on the west coast. Until last week I was getting premium for $3.99, this week premium is $4.05. I bet in the bay area it is almost $5.00 a gallon. For quite a few years I lived in SF; my sister in law lives in Sacramento; my father in law has a house in Grass Valley and I know gas is more expensive in CA. Well let me rephrase that one, he has a house in Grass Valley, Sacramento and Lake Tahoe. Currently he is living in the Sacramento home.

I was still living in SF at the time I bought a new 1977 Ford Van. Gas was going through one of its price rises and I installed a dual fuel system on the van. Propane and gas. Propane was less than half what a gallon of gas cost, it ran cleaner and produced fewer emissions. With the flick of a switch I could run on either gas or propane. For the past 15 years I've had an addiction to Jaguars. Although my current XJ6 gets 25 > 30 MPG on the highway I wish it had the dual system like that old van.

Too bad my part of the commission doesn't rise to meet the rise of my fuel costs.

Rob wrote:

etimer wrote:And how so do you make them prove they received it?

Any attorney that takes the case already knows about the second page, the disclaimer. So without proof they received that 2nd page disclaimer, an attorney will breeze right past it.

I guess we could hand deliver them but with gas at $4.00 a gallon..............................

Well, I think its one of those things where you can demonstrate that you are consistent in your practices and prove that you did it for client A, B, and C, is there any reason you wouldn't have done it for D? All of the copies on my computer have the second page and when I fax them I have a fax transmittal that shows the number of pages faxed.

However, I'm wondering where you are located that you are getting gas for such a bargain....it's pushing $4.50 where I am!