New Day Provides Optimal Solution for Two CPPI Programs

Working with our broker partner on a heavy highway project, New Day structured two separate project Contractor’s Protective Professional Indemnity (CPPI) programs with one of our carrier partners.  Forced with the possibility of having to purchase project professional liability for the design professionals, the insured sought out alternatives where they could control the program by having it in their name, honor their agreement with the design professional that they would “insure” the primary $10,000,000 arising out of design defects/errors and manage cost.  New Day structured a program whereby the insured would be the primary named insured and had a $10,000,000 limit that provided both professional liability and protective coverage excess of only a $1,000,000 self-insured retention (SIR).  The key to the program was convincing the carrier to waive their right to subrogate against the design professional should the policy pay because of their negligent acts, errors, and omissions.  The policy was bound for a premium of $900,000, about $200,000 less than it would have cost the insured to “buy” the project professional liability program for the design professional.

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