Another Disappointed "Additional Insured"

No contract clause is more common than the one that says, in effect, "B promises to carry commercial general liability insurance, and to make A an 'Additional Insured' under B's policy." And perhaps no contract clause produces more disappointment.

For one thing, as many competent observers have noted, "Additional Insured" endorsements vary widely: to demand that someone make you "an 'Additional Insured'" is akin to sitting down in a restaurant and ordering "some food."

And many of the dishes are entirely unpalatable. For example, many "Additional Insured" endorsements are limited to the Additional Insured's vicarious liability for the acts of the Named Insured. This is almost certain to cause heartache for the Additional Insured. Suppose Polly Plaintiff, while working for her employer (the Named Insured), falls off her employer's ladder. If she sues her employer, she'll face the worker's comp bar.   Better to sue the owner of the building (the Additional