“Let’s all get along”. You no longer have to plod through potentially distinctive and disruptive terms and conditions to find that you did not really buy a follow form policy. HARMONY is a ten minute exercise in reading and sets the benchmark by which all other excess insurance should follow. HARMONY sets a tone of cooperation and discourse for other insurers when a disruptive claim affects your business.
BCP HARMONY Policy
Berkley Construction Professional is pleased to announce the deployment of its HARMONY policy. The HARMONY is a follow-form excess liability and indemnity policy that can be utilized to provide excess insurance attaching atop:
- any combination of Contractor’s professional or pollution insuring agreements, including Protective, Professional, Pollution, Biological Pollution, Site Pollution, Cyber, Media and Personal Injury, Mitigation, and other insuring agreements; and
- any combination of Owner’s professional or pollution insuring agreements, including Protective Professional Indemnity, Protective Contractor’s Pollution, Third Party Claim Defense and Indemnity, Primary Contractor Pollution Liability Wrap-Up, Site Pollution, and other insuring agreements.
Our clients purchase the HARMONY policy for both annually renewable policies and project specific purposes.
BCP HARMONY Coverage Highlights
The most important aspect of the HARMONY policy is its flexibility to accommodate and seamlessly follow virtually every possible permutation of underlying insurance. Contractor’s Professional and Pollution liability and Owner’s Protective insurance programs have evolved to become some of the most complex and multi-faceted insurance policies in the Construction industry. Such complexities might involve the presence of:
- several different insuring agreements covering several different types of exposures on one policy;
- different each claim and aggregate limits for different insuring agreements on one policy;
- separate basket aggregate limits (“towers”) for groups of insuring agreements on one policy, sharing a policy aggregate limit;
- sublimits for certain aspects of coverage within different insuring agreements on one policy;
- supplemental insuring agreements provided with limits outside of and in addition to the policy aggregate limit;
- both first-party indemnity and 3rd-party liability insuring agreements on one policy; and
- both Claims-Made and Occurrence basis insuring agreements on one policy.
The HARMONY policy has been thoughtfully crafted to affirmatively and unambiguously address all of the potential coverage structures described above. For example:
- HARMONY is flexible enough to apply to both Indemnity and Liability insuring agreements;
- HARMONY is flexible enough to apply to both Claims-Made and Occurrence triggered insuring agreements;
- We expressly name the insuring agreements we intend to follow (using the formal names of the Insuring Agreements in the Followed Policy);
- We are clear as to the attachment point at which our coverage becomes available for each applicable insuring agreement;
- We are clear as to whether or not our policy attaches to sublimits and supplemental coverages.
This careful engineering of the HARMONY policy provisions provides unparalleled contract certainty for our brokers and clients as to the breadth and scope of the excess insurance coverage they have purchased from BCP.