What it does
CG 33 91 adds any architect, engineer or surveyor engaged by the named insured as an additional insured for premises and ongoing operations liability caused, in whole or in part, by the named insured. If the named insured has a construction contract subject to Subchapter C of Chapter 151 of the Texas Insurance Code with the additional insured, coverage applies only to the extent that statute permits.
Who needs it
Texas general contractors, subcontractors and developers. Chapter 151 restricts additional insured coverage for an indemnitee's own negligence on many construction contracts.
Key provisions and limits
- Professional services exclusion like CG 20 07.
- Coverage applies only to the extent permitted by law.
- Contract-based limits: coverage is no broader than any contract requires, the most paid for the additional insured is the lesser of the contract-required amount or the policy limits, and the endorsement does not increase limits.
Quoting and selling notes
- Use instead of CG 20 07 for Texas construction risks when the carrier files ISO Texas forms.
- Explain to Texas clients that contract demands for broader AI coverage may be unenforceable under Chapter 151.
