Washington Supreme Court Certifies that Certificates of Insurance May Create Coverage

Courts across the country have long held that certificates of insurance cannot create coverage due to the disclaimers on most certificates, until now. The Washington Supreme Court answered a certified question from the Ninth Circuit Court of Appeals that certificates of insurance can create coverage despite these disclaimers. The certificate of insurance in question listed “T-Mobile USA Inc., its Subsidiaries and Affiliates” as an additional insured under a policy held by a service contractor working for T-Mobile NE. The certificate specially stated that it did not “confer rights to the certificate holder” as an additional insured without proper endorsement on the policy itself. In the past, this disclaimer has been enough to allow insurance companies to deny coverage. Find out why the Washington Supreme Court claimed the certificates of insurance would be “pointless” if the general disclaimers were upheld. Another article on the case explains the amicus brief filed by the American Property and Casualty Insurance Association and the dissenting opinion.