Scandals: Insurance Uncovered

A contractor may believe they never perform residential work, but their insurance policy may define residential construction much more broadly.

In this episode of Scandals: Insurance Uncovered, Amy Lamb and Theresa Guertin examine residential exclusions and the unexpected ways they can affect contractors, subcontractors,general contractors, brokers, and insurance reviewers. They explore how manuscript language may extend beyond dwelling units to mixed use buildings, commercial spaces, common areas, sidewalks, utilities, paving, and other workconnected to a residential development.

Amy and Theresa also discuss condo conversion language, project specific coverage, unit count restrictions, incomplete checkbox forms, and why coverage that does not match the work being performed can create devastating financial consequences.

The episode begins with an update on New York’s AVOID Act, including the revised 90 day framework and its application to actions commenced on or after April 18, 2026.

Listeners will learn:

• Why commercial work inside a mixed use building may still be treated as residential work
• How definitions within manuscript exclusions can dramatically expand the restriction
• Why future apartment to condominium conversions may affect completed operations coverage
• How unit count limits can apply across an entire policy period rather than one project
• Why incomplete checkboxes and blank fields should never be ignored
• When contractors and general contractors should involve the broker or underwriter
• How a coverage gap can leave the insured responsible for a six or seven figure loss

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Resources from this Episode:

• Previous Episode: Understanding New York’s AVOID Act
• Residential Exclusion Review Checklist
• Submit a Policy or Exclusion for Review

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Have a burning insurance question or a case you want us to dissect? We're all ears! Submit your topics, cases, or anyareas of interest, and let our hosts dive into the details. Reach out to us directly—your suggestion could be featured in an upcoming episode!

Reach us directly at ⁠⁠[email protected]⁠⁠

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Connect with our hosts: Theresa Guertin & Amy Lamb

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What Compressed Deadlines Mean for Risk TransferIn this Season 2 premiere of Scandals: Insurance Uncovered, Amy Lamb and Teresa Guertin unpack New York’s newlyenacted AVOID Act and the compressed deadlines now governing third party practice in construction litigation.

Under the new law, defendants have just sixty days to bring contractual indemnity and impleader claims after answeringa complaint. What once allowed flexibility in third party claims strategy is now governed by strict timelines that could reshape how general contractors, subcontractors, carriers, and risk managers approach risk transfer.

But this episode goes beyond a statutory breakdown.

Amy and Teresa explore:

• How compressed impleader deadlines may front load litigation
• Why “kitchen sink” third party actions could increase
• The cost shifting implications for carriers and insureds
• What this means for documentation, site investigation, and contract discipline
• How pending construction litigation may also be affected

Although the AVOID Act is specific to New York, the structural implications reach far beyond one jurisdiction. Compressed timelines force clarity. They expose weak documentation. And they challenge long standing assumptions about how indemnity claims unfold.

As the April 18, 2026 effective date approaches, construction professionals must rethink how quickly indemnity decisions are made.

If you work in construction risk, coverage, claims, or contract management, this conversation is essential listening.

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Resources from this Episode:

New York State Senate — AVOID Act bill text and summaryOfficial legislative language for the Avoiding Vexatious Overuse of Impleading to Delay (AVOID) Act.
New York Senate Bill S8071A (AVOID Act) — Text and Summary

New York Workers’ Compensation Law § 11 — “Grave Injury” definition

The statutory definition of a “grave injury,” which is an exception to certain limitations on indemnity/contribution.
New York Workers’ Compensation Law Section 11 (Grave Injury)

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Have a burning insurance question or a case you want us to dissect? We're all ears! Submit your topics, cases, or anyareas of interest, and let our hosts dive into the details. Reach out to us directly—your suggestion could be featured in an upcoming episode!

Reach us directly at ⁠⁠[email protected]⁠⁠

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Connect with our hosts: Theresa Guertin & Amy Lamb

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Amy Lamb and Theresa Guertin are back from the IRMI Construction Risk Conference 2025 and they brought stories,strategy, and a few conference confessions with them. This IRMI recap episode breaks down what actually matters once the badge is off and you are back in the inbox pile.

In this conversation, Amy and Theresa dig into:

• What made this IRMI Construction Risk Conference feel different and why fewer meetings led to stronger relationships
• How intentional networking, courage, and curiosity open doors with senior leaders, clients, and future mentors
• Why the IRMI Women’s Happy Hour and the influx of UGA risk management students felt like a turning point for young talent
• Behind the scenes of Soledad and Theresa’s packed master class on wrap up placements for complex projects
• How wrap up one oh one and more advanced sessions could work together as a full wrap up track at future conferences
• Early warning signs in the market, including increasingly aggressive residential and mixed use exclusions in construction insurance policies
• Advice for young professionals on picking up the phone, asking the questions that feel scary, and learning by doing
• Why sobriety, boundaries, and life outside the conference hotel change how you experience events and your career

If you are a construction insurance professional, risk manager, broker, or carrier partner who wants to get more out of conferences like IRMI, this recap will give you both practical takeaways and a reminder that relationships still drive this industry.

Perfect for listeners interested in IRMI, construction risk, wrap up programs, OCIP placements, and the real life side of networking and career growth in insurance.

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Have a burning insurance question or a case you want us to dissect? We're all ears! Submit your topics, cases, or anyareas of interest, and let our hosts dive into the details. Reach out to us directly—your suggestion could be featured in an upcoming episode!

Reach us directly at ⁠⁠[email protected]⁠⁠

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Connect with our hosts: Theresa Guertin & Amy Lamb

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Just because the work is done doesn’t mean your coverage is.

In this season finale of Scandals: Insurance Uncovered, Amy and Theresa dig into the messy, misunderstood world of completed operations coverage — and why the most dangerous endorsements don’t show up until long after the project ends.

From wrap-up tail coverage to exclusions J and L, this episode pulls back the curtain on how “completed” work can still trigger very active liability. Plus, the story of a retired contractor, a forgotten policy, and a six-figure payout that nearly disappeared.

In this episode, you’ll learn:

• What the Products-Completed Operations (PCO) Hazard really covers
• The difference between a PCO hazard and a PCO extension
• Why wrap-up tails are only as strong as your excess carrier language
• How exclusions J(6) and L draw the line between covered and denied
• When punch list and warranty work can blow up your completed ops assumptions

Season 1 may be wrapping up, but this episode is just the beginning of the conversations we need to have aboutcoverage that lingers long after the job is done.

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Resources from this Episode:

Products-Completed Operations Cheat Sheet

A quick reference guide to completed ops basics

This one-page summary breaks down what the PCO hazard actually covers, how it differs from a PCO extension, and where it shows up in exclusions, limits, and endorsements. Perfect for internal training or a compliance refresh.

Download here: https://2284419.fs1.hubspotusercontent-na1.net/hubfs/2284419/Scandals%20Reference%20Files/Scandals%20PCOs%20Cheat%20Sheet.pdf

SDV Law Whitepaper: The Products-Completed Operations Hazard & Wrap-Up Insurance

Understanding coverage for warranty work under wrap-ups

This in-depth whitepaper from SDV Law explores how bodily injury claims during warranty work should be handled under a wrap-up policy. Includes real-world hypotheticals, policy language breakdowns, and key reminders about PCO hazardextensions and repair work endorsements.

Download here: https://2284419.fs1.hubspotusercontent-na1.net/hubfs/2284419/Scandals%20Reference%20Files/2015.03.PCO%20Hazard%20&%20Wrap%20Insurance%20Whitepaper.pdf

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Have a burning insurance question or a case you want us to dissect? We're all ears! Submit your topics, cases, or anyareas of interest, and let our hosts dive into the details. Reach out to us directly—your suggestion could be featured in an upcoming episode!

Reach us directly at ⁠⁠[email protected]⁠⁠

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Connect with our hosts: Theresa Guertin & Amy Lamb

⁠⁠linkedin.com/in/theresaguertin/⁠⁠

⁠⁠linkedin.com/in/amy-lamb-ba948528/⁠⁠

.....

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What if you paid for 20 years of coverage—only to come up short?

Amy and Theresa unpack anti-stacking endorsements: the quiet clauses that quietly slash insurance recovery whenclaims span years, policies, or joint ventures. If you think 5+5 equals 10 in insurance, this episode might surprise you.

In this listener-requested episode, you'll learn:

• Why June 1st is peak renewal season—and a prime time for anti-stacking to slip in
• The three key claim types where stacking matters most
• How a single clause can block stacking across years, insurers, or policy lines
• Why multi-year triggers once helped policyholders—and how carriers are reversing that
• The hidden relationship between SIRs (self-insured retentions) and stacking limits
• Why the word “you” might not mean you in your policy—and how that gets used against you

Recorded on Friday the 13th (yes, really), this episode is part policy lesson, part horror story. Amy and Theresaalso reflect on one year of Scandals as they prepare to wrap up Season 1—with one last summer episode to go.

Key Terms Explored:

Anti-Stacking Endorsements, Long-Tail Claims, Joint Ventures, Construction Defects, SIRs vs. Deductibles, Horizontal Exhaustion

Listener Tip:

If your policies involve overlapping coverage, anti-stacking endorsements could quietly shrink your limits. Always read your forms—and never assume coverage stacks the way it should.

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Have a burning insurance question or a case you want us to dissect? We're all ears! Submit your topics, cases, or anyareas of interest, and let our hosts dive into the details. Reach out to us directly—your suggestion could be featured in an upcoming episode!

Reach us at ⁠⁠[email protected]⁠⁠

.....

Follow the Scandals: Insurance Uncovered Podcast:

LinkedIn: ⁠⁠linkedin.com/company/scandalspod/⁠⁠Instagram: ⁠⁠instagram.com/scandalspod/⁠⁠Facebook: ⁠⁠facebook.com/scandalspod⁠.....

Connect with our hosts: Theresa Guertin & Amy Lamb

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Review our show on Spotify or Apple Podcasts.

When two become one, who’s really liable? In this episode of Scandals: Insurance Uncovered, Amy and Theresa unravel the tangled world of joint ventures in construction and the insurance chaos that often follows. From surprising court decisions to critical contract language mistakes, this episode is a must-listen for anyone working with complex project structures.

Key Takeaways:

• The surprising reason why joint venture partners might BOTH be liable, whether they know it or not.
• How poorly worded AI endorsements can lead to years of litigation (and who really foots the bill).
• Real-life case studies including Travelers v. Harleysville and the hilariously named Bacon Construction case.
• Why defense costs can sometimes exceed the value of the claim itself and how to protect against it.
• The one contract clause that could save your company from a coverage nightmare.

Don’t let your next JV become a financial fiasco! Tune in now!

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Resourcesfrom this Episode:

Bacon Construction Co Inc v Ohio Security Insurance Co

Westfield Insurance Company v WalshK-Five JV

Travelers Property Casualty Company of America v Harleysville Insurance Company of New York

Resources are provided for educational purposes only and may not represent the most current version of these forms. Always consult your broker or carrier for current policy language.

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Have a burning insurance question or a case you want us to dissect? We're all ears! Submit your topics, cases, or any areas of interest, and let our hosts dive into the details. Reach out to us directly—your suggestion could be featured in an upcoming episode!

Reach us directly at ⁠⁠[email protected]⁠⁠

.....

Follow the Scandals: Insurance Uncovered Podcast:

LinkedIn: ⁠⁠linkedin.com/company/scandalspod/⁠⁠Instagram: ⁠⁠instagram.com/scandalspod/⁠⁠Facebook: ⁠⁠facebook.com/scandalspod⁠.....

Connect with our hosts: Theresa Guertin & Amy Lamb

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Review our show on Spotify or Apple Podcasts.

You think your general liability policy has you covered… until it doesn’t.

In this episode of Scandals: Insurance Uncovered, Amy and Theresa unravel the often-overlooked (but highly consequential) world of professional liability exclusions. From shop drawings and design assist work to vague carrier language that leaves too much room for denial, they reveal how even the most routine construction tasks can trigger unexpected exclusions.

You’ll learn:

• What actually counts as a “professional service” (and why the answer might surprise you)
• How to spot the fine print in ISO forms CG 2279 vs. CG 2243
• Why exclusions from carriers like Hanover and Hartford are making brokers nervous
• Real trade examples where seemingly covered work crosses into exclusion territory
• The questions brokers should be asking when writing policies for contractors

If you’re in the business of reviewing policies, managing risk, or just trying to keep your coverage airtight—this episode is your new secret weapon.

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Resources from this Episode:

ISO CG 22 79 04 13

ISO CG 22 43 04 13

Hanover professional liability exclusion

Hartford BOP policy exclusion

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Have a burning insurance question or a case you want us to dissect? We're all ears! Submit your topics, cases, or any areas of interest, and let our hosts dive into the details. Reach out to us directly—your suggestion could be featured in an upcoming episode!

Reach us directly at ⁠⁠[email protected]⁠⁠

.....

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Connect with our hosts: Theresa Guertin& Amy Lamb

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Review our show on Spotify or Apple Podcasts.

In this episode of Scandals: Insurance Uncovered, hosts Theresa Guertin and Amy Lamb return to untangle the next layer of additional insured (AI) endorsements. From broad form ISO endorsements like CG 2033 and CG 2038 to custom manuscript nightmares, they explore how language, privity, and policy design can make or break your coverage.

Whether you're an insurance pro, broker, or risk manager, this episode offers a deeper look into how endorsements affect ongoing vs. completed operations, contractual risk transfer, and the true meaning behind "blanket additional insured." Spoiler alert: It's not always what it seems.

You'll learn:

• The real difference between CG 2033, CG 2038, CG 2040, and CG 2039
• How privity requirements can leave insureds uncovered
• Why some manuscript endorsements are like playing Chutes and Ladders with your policy
• What courts have said (and not said) about blanket AI forms
• Red flags to watch for in policy schedules and contract language

Tune in and uncover the hidden traps in your endorsements—before they slide your client straight into a claim denial.

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Resources from this Episode:

CG 2033 07 04 – Broad Form Additional Insured Endorsement (Ongoing Operations)

CG 2038 12 19 – Broad Form AI Endorsement expanding beyond privity

SDV Law White Paper on State Farm AI Endorsements

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Have a burning insurance question or a case you want us to dissect? We're all ears! Submit your topics, cases, or any areas of interest, and let our hosts dive into the details. Reach out to us directly—your suggestion could be featured in an upcoming episode!

Reach us directly at ⁠⁠[email protected]⁠⁠

.....

Follow the Scandals: Insurance Uncovered Podcast:

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Facebook: ⁠⁠facebook.com/scandalspod

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Connect with our hosts: Theresa Guertin& Amy Lamb

⁠⁠linkedin.com/in/theresaguertin/⁠⁠

⁠⁠linkedin.com/in/amy-lamb-ba948528/⁠⁠

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Review our show on Spotify or Apple Podcasts.

In this episode of Scandals: Insurance Uncovered, Amy Lamb and Teresa Guertin dive deep into the evolving world of Additional Insured (AI) endorsements, exploring howISO forms have changed over time and what that means for policyholders, risk managers, and legal entities.

Join us as we uncover:

• The history of AI endorsements: From the CG 20 10 11 85 to the latest editions.
• The shift from “arising out of” to “caused in whole or in part by”: What it really means for risk transfer.
• How case law (including Burlington and Hanover v. Philadelphia) has shaped the interpretation of AI language.
• The impact of contractual limitations in 04/13 and later editions andwhy your policy limits might not be what you think.
• Why manuscript endorsements can be a hidden trapand how to spot them.

From GCs enforcing strict AI requirements to subs navigating policy limitations, this episode sheds light on the gray areas of insurance coverage that often lead to litigation, confusion, and costly mistakes.

Don’t let insurance loopholes catch you off guard!

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Resources from this Episode:

1. CG 20 10 11 85 – The "unicorn form," one of the earliest and broadest additional insured endorsements.
2. CG 20 10 10 01 & CG 20 37 10 01 – Introduced scheduling for additional insureds and separated ongoing operations from completed operations.
3. CG 20 10 07 04 & CG 20 37 07 04 – Changed the trigger language from “arising out of” to “caused in whole or in part by”.
4. CG 20 10 04 13 & CG 20 37 04 13 – Introduced contractual limitation language, tying coverage limits to the insured's contract requirements.
5. CG 20 10 12 19 & CG 20 37 12 19 – The most recent ISO edition with minimal substantive changes.
6. CG 20 33 & CG 20 38 – Mentioned as blanket additional insured forms, which will be discussed in a future episode.
7. CG 20 39 & CG 20 40 – Newer ISO forms addressing completed operations coverage.

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Have a burning insurance question or a case you want us to dissect? We're all ears! Submit your topics, cases, or any areas of interest, and let our hosts dive into the details. Reach out to us directly—your suggestion could be featured in an upcoming episode!

Reach us directly at ⁠⁠[email protected]⁠⁠

.....

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Connect with our hosts: Theresa Guertin & Amy Lamb

⁠⁠linkedin.com/in/theresaguertin/⁠⁠

⁠⁠linkedin.com/in/amy-lamb-ba948528/⁠⁠

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Review our show on Spotify or Apple Podcasts.

*EPISODE AUDIO DISCLAIMER*

As we continue to refine our recording process and optimize the sound quality of Scandals: Insurance Uncovered, you may notice some occasional audio pops, echoes, or jumbled moments in this episode. We appreciate your patience and understanding as we fine-tune our setup to bring you the best content possible.

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Scandals: Insurance Uncovered is back in 2025, kicking off the year with a deep dive into some of the most misunderstood—and litigated—exclusions in general liability insurance: J, K, and L.

What do these cryptic letters really mean in a CGL policy? And more importantly, what coverage nightmares do they create for policyholders? Join hosts Amy and Theresa as they dissect these exclusions, uncover real-life implications, and explore why courts across the country are still fighting over them.

In this episode, we explore:

Whether you're an insurance professional, contractor, or legal expert, this episode will sharpen your understanding of these infamous exclusions and their impact on real-world claims.

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Have a burning insurance question or a case you want us to dissect? We're all ears! Submit your topics, cases, or any areas of interest, and let our hosts dive into the details. Reach out to us directly—your suggestion could be featured in an upcoming episode!

Reach us directly at ⁠⁠[email protected]⁠⁠

.....

Follow the Scandals: Insurance Uncovered Podcast:

LinkedIn: ⁠⁠linkedin.com/company/scandalspod/⁠⁠

Instagram: ⁠⁠instagram.com/scandalspod/⁠⁠ 

Facebook: ⁠⁠facebook.com/scandalspod

.....

Connect with our hosts: Theresa Guertin & Amy Lamb

⁠⁠linkedin.com/in/theresaguertin/⁠⁠

⁠⁠linkedin.com/in/amy-lamb-ba948528/⁠⁠

.....

Review our show on Spotify or Apple Podcasts.