Section 4.26 Additional Insureds Under Insurance Policies

• Library: Construction Law 2016 Supp

IX. (§4.26) Additional Insureds Under Insurance Policies

As mentioned in §4.19 above, fully understanding the concept of an “additional insured” is essential in effectively avoiding or using the additional insured exception of the Missouri anti-indemnity statute, § 434.100.2(2), RSMo 2000. Furthermore, in this discussion, it is essential to keep in mind that an indemnity agreement in a construction contract has no bearing on the scope of coverage afforded to an additional insured. Shell Oil Co. v. AC & S, Inc., 649 N.E.2d 946 (Ill. App. Ct. 1995).

An indemnity agreement, if it is enforceable, will only impact the contractual liability coverage contained in a policy. When it does, the indemnitee receives coverage under the policy indirectly. In...