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3. CU-22-21

What the form is

The CU 22 21 Colleges Or Schools endorsement is designed for use with the Commercial Liability Umbrella Coverage Form. Its primary purpose is to modify the umbrella policy's coverage as it applies to educational institutions, specifically addressing liability exposures related to athletic and sports activities. The endorsement clarifies the conditions under which coverage applies for injuries sustained by individuals practicing or participating in such events, often linking to the insured's level of active involvement in managing or supervising the activity. Revisions in later editions, such as the 12 19, further refine the language around negligent supervision and the timing of when an injury arises out of participation.

Classes of business it applies to

This endorsement is specifically tailored for educational institutions that conduct sports or athletic programs. This includes, but is not limited to:

• Colleges
• Universities
• Junior colleges
• Private K-12 schools with athletic programs

Real-world example: A university with an extensive intercollegiate athletics department would utilize this endorsement on its commercial umbrella policy. If a student-athlete is injured during a team practice, this endorsement would help clarify how the umbrella coverage responds, particularly concerning allegations of negligent supervision by the university's coaching staff, even if the injury manifests sometime after the practice itself. Similarly, a high school hosting a regional track meet would find this endorsement pertinent to address liability for participant injuries.

Special considerations

• This endorsement is typically attached when the underlying Commercial General Liability (CGL) policy includes specific endorsements for colleges or schools, such as CG 22 71 (Colleges Or Schools - Limited Form) or CG 22 72 (Colleges Or Schools). The CU 22 21 is intended to follow form with these underlying modifications.
• The 12 19 edition of the form includes important revisions. It clarifies that negligent supervision language applies to the participation or practicing of any sports or athletic contests. It also changed "while" to "arising out of" in relation to "practicing for or participating in" to emphasize that injuries can be revealed at a time later than the actual practice or participation.
• The endorsement aims to address scenarios where the insured institution may not be actively involved in managing or supervising a specific sports event, potentially excluding injury to a participant in such cases.
• It is crucial to review the specific wording of the edition being used and compare it with the underlying CGL endorsements to ensure proper coordination of coverage and avoid potential gaps.

Key information for agents and underwriters

• Risk Assessment: Underwriters must thoroughly evaluate the breadth and risk level of the educational institution's athletic programs. This includes the types of sports, participant numbers, safety measures, and the institution's direct role in supervising and managing these activities.
• Underlying Coverage Review: It is essential to confirm that the appropriate underlying CGL endorsements (e.g., CG 22 71, CG 22 72) are in place, as the CU 22 21 is designed to interact with them.
• Pricing Implications: The nature and extent of the insured's athletic exposures will influence the umbrella premium. This endorsement helps define the scope of coverage, aiding in more accurate risk pricing.
• Clarifying Coverage for Insureds: Agents should clearly explain to their educational institution clients how this endorsement affects their umbrella coverage, especially regarding sports-related injuries and the nuances of supervision and the timing of injury manifestation.
• Impact of Revisions: Be mindful of the specific edition date of the CU 22 21 endorsement used, as revisions (like those in the 12 19 edition) can alter coverage intent, for example, by broadening the application of negligent supervision language.