CRE Insurance Certificate Compliance Review

CRE Insurance Certificate Compliance Review

Analyzes ACORD 25 certificates and endorsement copies against Access Agreement insurance requirements. Produces a compliance determination with broker-ready corrective instructions.

Cardinal rule: A COI is an informational snapshot only — it does not amend, extend, or alter coverage.

Intake

Gather before drafting (unless user says "use defaults" or "just draft"):

1. Executed Access Agreement — all exhibits, insurance schedules, riders
2. Certificates of insurance — ACORD 25; separate forms for auto, WC, umbrella, professional, pollution
3. Endorsement copies — AI (CG 20 10, CG 20 37), primary/non-contributory, waiver of subrogation
4. Broker contact details
5. Project description — scope, dates, locations, hazard level

Defaults if no response: Review against standard CGL/auto/WC/umbrella; flag missing endorsements as non-compliant; produce deficiency instructions for all gaps.

If endorsements are missing, request them. If user insists on proceeding, label the review as preliminary with all conclusions conditional.

Step 1: Build Verification Matrix

Extract the Agreement's insurance clause into testable requirements:

Pitfalls: Missing completed-operations AI requirement; entity name mismatches (e.g., "ABC Management" vs. "ABC Management, LLC"); assuming umbrella follows form without proof.

Step 2: Review ACORD 25

Step 3: Verify Additional Insured Status

1. Confirm exact AI entities required (including affiliates language)
2. Determine endorsement type:
   • Blanket ("when required by written contract") — needs executed contract + endorsement copy
   • Scheduled (named entities) — confirm schedule lists correct names
3. Verify scope:
   • Ongoing only (CG 20 10) vs. ongoing + completed (CG 20 10 + CG 20 37)
   • "Caused in whole or in part" vs. vicarious liability only — varies by edition
4. No endorsement copies = non-compliant — issue deficiency notice requesting AI endorsements for entities listed in the Agreement

Step 4: Verify Remaining Requirements

Primary & Non-Contributory:

• Separate from AI status — AI does not automatically mean primary
• COI narrative alone insufficient; require endorsement or policy provision
• Confirm not overridden by umbrella "other insurance" clause

Step 5: Produce Compliance Determination

INSURANCE COMPLIANCE REVIEW
[Privileged and Confidential — Attorney-Client Communication]

Project: [Name/Address]
Recipient: [Entity]
Agreement Date: [Date]
Review Date: [Date]
Assumptions Used: [list]
Open Items / Needed Inputs: [list]

DETERMINATION: [Compliant / Non-Compliant / Conditionally Compliant]

REQUIREMENT-BY-REQUIREMENT ANALYSIS:
| # | Requirement | Contract Ref | Status | Evidence | Deficiency |
|---|---|---|---|---|---|
| 1 | CGL $1M occ / $2M agg | §[X] | Compliant | COI shows matching limits | — |
| 2 | AI - ongoing + completed ops | §[X] | Non-Compliant | No endorsement provided | Provide CG 20 10 + CG 20 37 |

BROKER INSTRUCTIONS:
[Numbered corrective actions with exact document requests]

ESCALATION ITEMS:
[Issues requiring attorney or coverage counsel review]

Drafting rules: Use "unable to verify" not "coverage will be denied." Distinguish: "confirmed" / "indicated but not verified" / "not shown — non-compliant."

Jurisdiction Flags

Flag state-law issues for local counsel. Do not assert universal rules about certificate legal effect.

Post-Draft Checklist

After delivering the review, ask:

1. Does the determination match your understanding of coverage posture?
2. Additional entities to verify as AI?
3. Any deficiencies to escalate to coverage counsel instead of broker?
4. Follow-up check needed after broker cures?

Quality Audit

Before finalizing:

• [ ] Every Agreement requirement mapped to a testable check
• [ ] Requirement table complete with status for each coverage line
• [ ] Entity names compared character-by-character (LLC, Inc., LP suffixes)
• [ ] No compliance finding based solely on COI without endorsement verification
• [ ] Broker instructions are specific (not generic "provide adequate coverage")
• [ ] Jurisdiction flags included where applicable
• [ ] Assumptions and open items listed prominently
• [ ] Every assertion traceable to a document or labeled as assumption
• [ ] Disclaimer: not a coverage opinion; requires licensed attorney review

Guardrails

• COI ≠ coverage: Never approve compliance based solely on a certificate
• Entity names must match exactly — mismatches defeat AI coverage at claim time
• No coverage opinions: Compare contract requirements to documentary evidence only
• Privilege: Confirm with supervising attorney; third-party sharing may waive privilege
• Anti-hallucination: Do not invent policy terms or coverage conclusions; use [VERIFY] for unconfirmed details
• Attorney review required: Every deliverable must disclaim that it requires licensed attorney review before reliance