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The Certificate Says It Isn't Coverage: COIs, Additional Insured Status and What You Actually Have

The Certificate Says It Isn't Coverage: COIs, Additional Insured Status and What You Actually Have

Property managers collect certificates of insurance constantly, file them, and treat the file as protection. The certificate itself says otherwise. The standard ACORD form states in its own text that it is issued as a matter of information only, confers no rights upon the certificate holder, and does not amend or alter the coverage afforded by the policies it describes.

This article describes the standard certificate form and general insurance concepts. It is not legal or insurance advice. Coverage depends on the policy wording, applicable endorsements, the contract between the parties, and the law of the relevant state. Confirm your position with your broker and with counsel.

Read What the Form Says

Certificates are often filed without anyone reading the block of capitals at the top. It is worth reading once.

The ACORD 25 Certificate of Liability Insurance, listed among the certificate forms approved by the New York Department of Financial Services, carries this disclaimer:

This certificate is issued as a matter of information only and confers no rights upon the certificate holder. This certificate does not affirmatively or negatively amend, extend or alter the coverage afforded by the policies below. This certificate of insurance does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder.

The form then makes the same point a second time, in a note above the coverages grid: if the certificate holder is an additional insured, the policy must be endorsed, and a statement on the certificate does not confer rights to the certificate holder in lieu of such endorsement.

And a third time, in the certifying language: the insurance afforded is subject to all the terms, exclusions and conditions of the policies, notwithstanding any requirement, term or condition of any contract with respect to which the certificate may be issued.

The document tells you three times, in its own words, that it is not the thing that creates coverage.

Certificate Holder Is Not Additional Insured

This is the distinction that matters, and the two boxes sit close together on the form.

A certificate holder is the party identified as the certificate holder on the certificate. That status, on its own, does not give you rights under the policy.

An additional insured is a party added to the policy itself, by endorsement, and may have rights to defence and indemnity under it.

The ACORD form addresses this directly, stating that if the certificate holder is an additional insured, the policy must be endorsed. Guidance published by the Independent Insurance Agents of Texas puts the practical version plainly: an additional insured is not added to the policy just because the certificate says so.

So the operative question about any certificate in your file is not what it says. It is whether a corresponding endorsement was issued.

Two Cases Worth Knowing

Courts have addressed this, and two decisions illustrate the practical consequence.

  1. DTG Operations, Inc. v. Manheim Remarketing, Inc. (M.D. Fla. 2010). DTG held a certificate listing it as an additional insured. When the insurer refused to defend and indemnify, DTG sued. The court dismissed DTG's insurance claim at the pleading stage, holding that the certificate was not part of the insurance policy and expressly disclaimed conferring rights on the certificate holder or amending the coverage.

  2. Gilbane Building Co./TDX Construction Corp. v. St. Paul Fire & Marine Insurance Co., 31 N.Y.3d 131 (New York Court of Appeals, 2018). Gilbane, a construction manager, claimed additional insured status under a contractor's policy. The endorsement was a blanket one, and the Court held that the wording of that endorsement required a written contract between the named insured and the party seeking additional insured status.

The lesson from the second case is the one operators are least likely to anticipate. A blanket additional insured endorsement is not necessarily automatic. Other endorsement wording can produce a different result, which is why the specific form matters.

Outcomes turn on the specific policy wording, the contract and the applicable state law, so treat these as illustrations rather than as rules.

Not All Additional Insured Endorsements Are the Same

Even where an endorsement exists, what it gives you varies considerably.

Practitioner commentary in this area notes there are numerous additional insured forms in the market, including automatic endorsements that operate without naming you specifically, and that they provide different scopes of coverage.

Which means "are we an additional insured" is an incomplete question. The fuller version is: under which endorsement form, covering what, for how long, and does it respond to the kind of loss this vendor could actually cause?

That is a conversation with your broker rather than a box to tick on an intake form.

The Line About Reduced Limits

One clause on the form deserves separate attention because it is easy to miss. Beneath the coverages grid, the ACORD 25 states: limits shown may have been reduced by paid claims.

A certificate showing a $2 million general liability limit is telling you the policy was written at $2 million. It is not telling you $2 million remains available. Claims paid during the policy period may have eroded it, and the certificate does not disclose that.

Cancellation Notice Is a Policy Question

Another common assumption worth examining.

Being listed as a certificate holder does not, by itself, guarantee you notice if the policy is cancelled. Cancellation notice rights are governed by the terms of the policy and any applicable endorsement, not by the certificate.

Practical consequence. The certificate you collected in March documents the policy and coverage represented at that time. If it lapsed in June, you may not be notified unless the policy, an endorsement or applicable law provides for notice.

That is the argument for re-verification rather than a one-time file. The Texas guidance notes that a person may have a legal right to notice of cancellation or nonrenewal, but that right comes from the policy, not from having received a certificate.

Several States Regulate Certificates Directly

Worth knowing, because it constrains what you can ask for.

Texas provides an example. Guidance published by the Independent Insurance Agents of Texas describes rules developed by the Texas Department of Insurance to implement Senate Bill 425, under which a certificate is not a policy of insurance, does not amend, extend or alter the coverage afforded by the policy, and shall not confer to a certificate holder new or additional rights beyond what the referenced policy provides.

Other states have their own certificate laws, and they generally run in the same direction: prohibiting certificates that purport to alter coverage or that are inconsistent with the policy. Asking a vendor's agent to add language to a certificate that the policy does not support is, in several states, asking them to break a rule.

Which is another reason to ask for the endorsement instead. The endorsement is the document that can actually change your position.

What to Actually Do

Seven things, and most fit into an existing vendor onboarding process.

  1. Specify the requirement in the contract, not just on an intake checklist. Additional insured status, the scope, and the obligation to maintain it.

    Our guide to OSHA's multi-employer worksite policy covers the safety compliance terms that belong in the same agreement.

  2. Ask for the endorsement, not only the certificate. A copy of the additional insured endorsement, or the relevant policy pages, is what evidences your position.

  3. Check the endorsement form number and take it to your broker if the vendor presents an unfamiliar one.

  4. Diary the expiry dates rather than filing the certificate and moving on. The certificate describes a policy period, and it will end.

  5. Re-verify at renewal. Endorsements can be modified, replaced or removed when coverage renews, which is why annual verification is worth doing.

  6. Treat limits as indicative. The form itself says limits may have been reduced by paid claims.

  7. And keep it against the vendor record, not in a folder. Where certificates, endorsements and expiry dates sit against the vendor record alongside the work orders and payments, the gaps are visible rather than discovered.

Conclusion

The certificate of insurance is a useful document. It documents the policy and the coverage represented as of the certificate date, including the stated limits and policy period. That is worth having.

Three things worth carrying away.

  1. It says in its own text that it confers no rights. The ACORD form makes the point three separate times, and courts have given effect to that distinction.

  2. Certificate holder status and additional insured status are different things. The second requires an endorsement, and the endorsement at issue in Gilbane required a written contract between the named insured and the party seeking that status.

  3. And a certificate is a snapshot. It describes a policy period, limits that may since have been eroded, and coverage that can be cancelled without anyone telling you. The file you built at onboarding is not the same as the position you hold today.

Frequently Asked Questions

1. Does a certificate of insurance give me coverage?
No. The standard ACORD certificate states that it is issued as a matter of information only, confers no rights upon the certificate holder, and does not affirmatively or negatively amend, extend or alter the coverage afforded by the policies described. It documents the coverage represented as of the certificate date; it does not create rights under the policy.

2. What is the difference between a certificate holder and an additional insured?
A certificate holder is the party identified as the certificate holder on the certificate. An additional insured is a party added to the policy itself, by endorsement, which may give rights to defence and indemnity. The ACORD form states that if the certificate holder is an additional insured, the policy must be endorsed, and that a statement on the certificate does not confer rights in lieu of that endorsement.

3. Are blanket additional insured endorsements automatic?
Not necessarily. In Gilbane Building Co./TDX Construction Corp. v. St. Paul Fire & Marine Insurance Co., the New York Court of Appeals held that the wording of the endorsement at issue required a written contract between the named insured and the party seeking additional insured status. Other endorsement wording can produce a different result, so the specific form matters.

4. Do the limits on a certificate reflect what is available?
Not necessarily. The ACORD 25 states beneath the coverages grid that limits shown may have been reduced by paid claims. The figure reflects how the policy was written, not necessarily what remains.

5. Will I be notified if a vendor's policy is cancelled?
Not by virtue of being a certificate holder. Cancellation notice rights are governed by the policy and any applicable endorsement rather than by the certificate. That is the practical argument for tracking expiry dates and re-verifying, rather than filing a certificate once.