1. Forms
2. CG
3. CG-29-35

What the form is

The CG 29 35 endorsement is designed to add a state or other governmental entity to an insurance policy as an additional insured. This status is granted specifically in relation to operations conducted by the named insured (or on their behalf) for which the governmental body has issued a permit or authorization. The endorsement clarifies that the coverage provided to the governmental entity is limited to what is permitted by law and, if the additional insured status is required by a contract, the coverage and its limits will not exceed what is stipulated in that contract.

Classes of business it applies to

This endorsement is most commonly used for businesses that are required to obtain permits or authorizations from governmental entities to conduct their work. This often includes:

• Construction contractors: When performing work on public property, requiring street opening permits, or other construction-related permits issued by a city, county, or state. For example, a contractor repairing a city sidewalk would likely need this endorsement to name the city as an additional insured.
• Businesses hosting special events: If an event requires a permit from a local municipality (e.g., a street fair, festival, or parade), the municipality may require this endorsement.
• Utility companies: When performing work that requires permits to access public rights-of-way.

It is specifically designed for use with the Owners and Contractors Protective Liability (OCP) Coverage Form (CG 00 09).

Special considerations

• Scope of Coverage: The coverage for the governmental entity is strictly limited to liability arising from the operations for which the specific permit or authorization was granted. It does not provide broad coverage for all of the governmental entity's potential liabilities.
• Exclusions: The endorsement specifies that the insurance does not apply to bodily injury or property damage arising out of operations performed for the federal government, state, or municipality, nor does it cover damages included within the products-completed operations hazard.
• Contractual Requirements: If a contract mandates the additional insured status, the coverage provided by this endorsement will not be broader in scope or limits than what is required by that contract.
• Legal Limitations: Coverage is also limited to what is permissible by law.

Key information for agents and underwriters

• Proper Identification: Agents must ensure that the correct legal name of the state, governmental agency, or political subdivision is accurately listed in the Schedule of the endorsement.
• Underlying Operations: Underwriters need to carefully review the nature of the operations for which the permit or authorization has been issued to assess the potential risks and exposures for the governmental entity.
• Vicarious Liability Focus: This endorsement is primarily intended to protect the governmental entity from vicarious liability arising out of the named insured's actions or omissions during the permitted operations. It is generally not intended to cover the governmental entity's own negligence.
• Interaction with OCP: Understanding the relationship with the OCP Coverage Form (CG 00 09) is crucial, as this endorsement modifies who is considered an insured under that specific coverage.
• Premium Considerations: While there might not always be a direct premium charge for adding this endorsement, the underlying risk associated with the permitted operations will be factored into the overall policy premium.