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:

Category	What to extract
Coverage lines	CGL, auto, WC/EL, umbrella/excess, professional, pollution, cyber
Limits	Per-occurrence, general aggregate, products/completed-ops aggregate, CSL, EL
Aggregate structure	Per-project, per-location, or policy-level
Additional Insured entities	Exact legal names with entity suffixes (owner, manager, lender, affiliates)
AI scope	Ongoing only vs. ongoing + completed operations
Required endorsement forms	Specific ISO form numbers or "or equivalent"
Primary & non-contributory	Required on which lines
Waiver of subrogation	Required on which lines
Carrier rating	AM Best minimum (typically A- VII)
Cancellation notice	Days' notice, to whom
Deductible/SIR caps	Maximum amounts
Occurrence vs. claims-made	Which lines must be occurrence form

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

Field	Verify
Named Insured	Matches Recipient entity exactly (legal name + suffix)
Policy dates	Spans entire access period
CGL form type	"Occurrence" if contract requires it
CGL limits	Per-occurrence, general aggregate, products/completed-ops
Aggregate applies per	Project/location if required (not just "Policy")
Auto	"Any Auto" or required symbols; CSL meets minimum
WC/EL	Statutory WC; EL limits; no excluded officers performing work
Umbrella/Excess	Limits stack to contract total; follows form to required lines
Certificate Holder	Being listed as Certificate Holder does NOT grant AI status

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

Requirement	Verification
Waiver of subrogation	Endorsement on each required line — COI checkbox insufficient
Umbrella AI	Confirm umbrella recognizes AI status; request declarations + endorsement
Carrier rating	AM Best confirmation or broker attestation
Cancellation notice	ACORD 25 standard language confers no notice rights; require endorsement
Deductible/SIR	Request declarations or broker letter; flag credit risk for large SIRs
Description of Operations	Check for exclusionary language (geographic limits, activity exclusions)

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

Jurisdiction	Issue	Action
New York	Labor Law §§240/241 strict liability (gravity injuries)	Check for "Labor Law"/"Heights"/"Action Over" exclusions; escalate to coverage counsel
Texas	Anti-Indemnity Act (Ins. Code Ch. 151)	Flag if access involves construction/alteration/repair
California	Civil Code §2782 limits risk-shifting (active negligence)	Confirm indemnity + AI requirements are consistent
Florida	Fla. Stat. §627.4137 claimant rights	Note if potential claim identified

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