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‭(Hidden)‬ Catalog-Item Reuse

Can a Carrier Insure a Client Using Outdated ISO Forms?

An agent receives a request for a certificate of insurance listing forms CG 20 10 11 85 and CG 20 37 10 01. But the carrier for the insured uses more recent editions of the forms—07 and 04, respectively.
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An agent receives a request for a certificate of insurance listing forms CG 20 10 11 85 and CG 20 37 10 01. But the carrier for the insured uses more recent editions of the forms—07 and 04, respectively. The party requesting the COI is adamant that the insured request the older forms from the carrier.

Q: Once ISO updates a form, aren’t carriers supposed to use the most recent edition?

Response 1: Insurers can use older ISO forms. But the majority of insurers are not using 85 or 01 for additional insured endorsements.

Response 2: Carriers have the option to use any edition dates, but very few still use the 85 edition. In fact, ISO says it no longer supports that particular edition.

Most carriers adopt the newest edition when it’s filed, but they aren’t required to do so. When a new edition of a form is filed, it may take some carriers up to three or four years before making the transition to the new form. It’s up to the carrier, not ISO—ISO has no regulatory authority—and not the insured. The insured can request older forms, but the carrier makes the decision on which edition date it will use.

Response 3: Some insurers will provide an 01 edition of both forms for an additional premium.

Response 4: If you can use the CG 20 10 11 85, you don’t need a CG 20 37. If the additional insured is looking for sole liability protection, you’ll need the CG 20 10 11 85 or the CG 20 10 10 01 combined with the CG 20 37 10 01.

Some carriers have refiled the CG 20 10 11 85 because it’s often requested. If the carrier can’t issue one of the older forms, you’ll need to advise the additional insured that it’s not available. Of course, the additional insured will then refer your insured to another agent who can comply. You might want to check with your other carriers.  

Response 5: Carriers use a variety of edition dates. If you don’t have a carrier that can give the client what they need, the client should shop elsewhere.

Response 6: Use of the CG 20 10 11 85 depends on the carrier. I am aware of only one carrier that uses that edition, and that was over two years ago. The CG 20 37 is the most commonly used form. Advise your client of its existence and remember a written agreement is required for the CG 20 37.

Response 7: Requests for old forms usually result from a misunderstanding of the form numbering system. Explain that the form numbers are CG 20 10 and CG 20 37, and that the last four numbers are the month and year edition date. Then explain that the edition dates they are asking for are the 1985 and 2001 editions, which are outdated and no longer supported.

Response 8: You are correct. When the ISO files a new edition of a form, they withdraw the prior policy forms. However, insurers may independently file the withdrawn forms and use them. Also, lots of carriers use proprietary endorsements that they draft and file with various states.

This question was originally submitted by an agent through the VU’s Ask an Expert Service, with responses curated from multiple VU faculty members. Answers to other coverage questions are available on the VU website. If you need help accessing the website, request login information.

14746
Tuesday, June 2, 2020
Commercial Lines