1. Forms
2. CG
3. CG-33-91

What the form is

The CG 33 91 05 12 is an endorsement to the Commercial General Liability (CGL) Coverage Part. Its primary function is to modify Section II – Who Is An Insured to include architects, engineers, or surveyors engaged by the named insured as additional insureds. This means that these professionals are provided coverage under the named insured's CGL policy for 'bodily injury', 'property damage', or 'personal and advertising injury' that is caused, in whole or in part, by the acts or omissions of the named insured or those acting on the named insured's behalf. This coverage applies to incidents in connection with the named insured's premises or in the performance of their ongoing operations. Crucially, the endorsement includes an additional exclusion stating that the insurance does not apply to 'bodily injury', 'property damage', or 'personal and advertising injury' arising out of the rendering of or failure to render any professional services by or for the named insured, including preparing or approving maps, shop drawings, opinions, reports, surveys, field orders, change orders, or drawings and specifications, or supervisory, inspection, architectural, or engineering activities.

Classes of business it applies to

This endorsement was specifically designed for businesses in Texas that engage the services of architects, engineers, or surveyors and are contractually obligated to add them as additional insureds to their CGL policy. For example:

• A general contractor in Texas hiring an engineering firm for consultation on a construction site (not for design services, due to the professional liability exclusion) might have used this endorsement.
• A property developer in Texas engaging a surveyor for site analysis, where the surveyor needed to be an additional insured for liability arising from the developer's operations on the premises.

Special considerations

• Texas Specific and Withdrawn: This was a Texas-specific endorsement. It was introduced in May 2012 and subsequently withdrawn from use by ISO in 2013. Therefore, its applicability is limited to policies written during that period.
• Professional Liability Exclusion: A significant limitation is the exclusion of coverage for professional services. This means that if the architect, engineer, or surveyor commits an error or omission in their professional capacity (e.g., a design flaw or incorrect professional advice), this endorsement would not provide coverage for that liability. These professionals would need their own separate Professional Liability (Errors & Omissions) insurance.
• Texas Insurance Code: The endorsement specifies that if the named insured has entered into a construction contract with the additional insured that is subject to Subchapter C of Chapter 151 of the Texas Insurance Code, the insurance afforded to the additional insured only applies to the extent permitted by that subchapter.

Key information for agents and underwriters

• Historical Context: Agents and underwriters should be aware of the limited period this form was active (2012-2013) and that it was specific to Texas.
• Risk Assessment: When this form was in use, underwriters would have needed to assess the potential vicarious liability exposure the named insured presented through the actions of the architects, engineers, or surveyors they engaged. The focus would be on liability arising from the named insured's actions or premises, not the professional's errors.
• Coverage Gaps: It was crucial for agents to explain the professional liability exclusion to both the named insured and the additional insured, ensuring the architects, engineers, or surveyors understood the need for their own E&O coverage.
• Contractual Requirements: Underwriters and agents needed to review contracts requiring additional insured status to ensure compliance, especially concerning the limitations imposed by the Texas Insurance Code for relevant construction contracts.