Insurance
CSUSM has the right to ask for additional insurance coverages when needed
Types of Coverage
Standard Insurance Requirements
Any vendor providing services or entering into an Agreement with CSUSM Corporation must provide proof of the following coverage:
- Comprehensive or Commercial Form General Liability Insurance
Comprehensive or Commercial Form General Liability Insurance on an occurrence basis, covering work done or to be done by or on behalf of the Contractor and providing insurance for bodily injury, personal injury, property damage, and products and completed operations. The aggregate limit shall apply separately to the Work.
Amount of Insurance:
- General Aggregate $2,000,000
- Each Occurrence – $1,000,000 combined single limit for bodily injury and property damage.
- Business Automobile Liability Insurance
Business Automobile Liability Insurance on an occurrence basis, covering owned, hired, and non-owned automobiles used by or on behalf of the Contractor and providing insurance for bodily injury, property damage.
Amount of Insurance:
- Limits of Liability $1,000,000 Each Accident – combined single limit for bodily injury and property damage to include uninsured and underinsured motorist coverage.
- Workers' Compensation
Workers' Compensation including Employers Liability Insurance as required by the State of California.
Amount of Insurance:
- Workers’ Compensation limits as required by law with Employers Liability limits of $1,000,000.
- Professional Liability (Errors and Omissions) Insurance
Professional Liability (Errors and Omissions) Insurance appropriate to the Consultant’s profession.
Amount of Insurance:
- Appropriate to the Consultant’s profession, with limits not less than $1,000,000 per occurrence or claim, $2,000,000 aggregate.
- Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Consultant in this agreement.
- Environmental Impairment Liability Insurance
Environmental Impairment Liability Insurance should the Work involve hazardous materials, such as asbestos, lead, fuel storage tanks, and PCBs.
Amount of Insurance:
- Limits of Liability $10,000,000
- General Aggregate $ 5,000,000 Each Occurrence – combined single limit for bodily injury and property damage, including cleanup costs.
- In addition to the coverage for Business Automobile Liability Insurance, the Contractor shall obtain for hazardous material transporter services:
- (a) MCS-90 endorsement
- (b) Sudden & Accidental Pollution endorsement--Limits of Liability* $2,000,000 Each Occurrence $2,000,000 General Aggregate
- Cyber Liability Insurance / Technology Professional Liability
Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Vendor in this agreement and shall include, but not be limited to, claims involving infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion and network security.
The policy shall provide coverage for breach response costs as well as regulatory fines and penalties as well as credit monitoring expenses with limits sufficient to respond to these obligations.
*A higher limit on the MCS-90 endorsement required by law must be matched by the Sudden & Accidental Pollution Insurance.
With CSUSM Corporation’s approval, the Contractor may delegate the responsibility to provide this additional coverage to its hazardous materials subcontractor. When the Contractor returns its signed project construction phase agreement to CSUSM Corporation, the Contractor shall also provide CSUSM Corporation with a letter stating that it is requiring its hazardous materials subcontractor to provide this additional coverage, if applicable.
The Contractor shall affirm in this letter that the hazardous materials subcontractor’s certificate of insurance shall also adhere to all CSUSM Corporation requirements. Further, this letter will provide that the subcontractor’s certificate of insurance will be provided to CSUSM Corporation as soon as the Contractor fully executes its subcontract with the hazardous materials subcontractor, or within 30 Days of the Notice to Proceed, whichever is less.
Amount of Insurance:
- Limits not less than $2,000,000 per occurrence or claim, $2,000,000 aggregate.
- OtherOther Insurance by agreement between CSUSM Corporation and the Contractor.
Additional Insurance Requirements
- Other Requirements
1. Each insurer shall have an A.M. Best rating of at least A:VII
2. Coverage shall not be cancelled, modified, or reduced without thirty (30) days advance written notice to CSUSM Corporation.
3. For any claims related to this Agreement, the Contractor’s insurance coverage shall be primary with respect to those named as additional insured. The insurance maintained by CSUSM Corporation shall be in excess of the contractor/vendor’s insurance and shall not contribute.
4. As insurance policies expire during the term of a contract, the contractor/vendor must submit new certificates of insurance and endorsements in order to continue work.
Endorsements
- Certificate of Insurance (COI)
- Primary and Noncontribuatory - Other Insurance Condition
- Additional Insured - Owners, Lessees or Contractors (Form B)
- Waiver of Subrogation
In cases where your entity is an additional insured on the auto and general liability policies and your contract contains a waiver of subrogation, you should not need an endorsement.
Most policies, including property insurance, allow their insured to waive subrogation prior to a loss. A waiver of subrogation should also prevent the contractor’s Workers’ Compensation insurer from pursuing your entity.
However, the standard Workers’ Compensation policy form does not allow the insured to waive subrogation. Most insurers will agree to waive subrogation if requested, but many will charge the contractor and additional premium to do so.
Contractors should notify their insurer of the requested waiver of subrogation and obtain their consent. The reader is advised to make sure such notice has been made, and for construction contracts to obtain an endorsement confirming the waiver has been obtained.
Waivers Should Be Used with Caution. Some insurance policies void the coverage if the insured agrees to waive the insurer’s subrogation rights without prior approval. Other policies permit waivers.
You should carefully review the policies and/or call your risk management advisor for assistance when dealing with waivers of subrogation.
Certificate Holder
- CSUSM Corporation
The certificate holder shall be:
CSUSM Corporation
333 S. Twin Oaks Valley Road
San Marcos, CA 92096