CG 20 33 / 20 38 • Editions: 07/04, 04/13, 12/19
ISO CG 20 33 & CG 20 38 — Automatic Status When Required in Written Construction Agreement
Blanket ongoing operations Additional Insured endorsements triggered automatically by written subcontract requirements rather than scheduling individual entity names.
Quick Answer: CG 20 33 / 20 38 for US General Contractors
ISO CG 20 33 grants automatic Additional Insured status only to entities in direct written contract ("privity") with the subcontractor—leaving the Project Owner and Lender uninsured. ISO CG 20 38 solves the privity trap by extending ongoing operations AI status to upstream Owners and Lenders required by the subcontract.
The Costly Trap General Contractors Miss on CG 20 33 / 20 38
The Direct Privity Trap: Subcontractor brokers routinely submit ISO CG 20 33 claiming "it's a blanket AI endorsement." However, CG 20 33 strictly limits Additional Insured status to the party signing a direct written agreement with the Named Insured. Because the Project Owner, Developer, and Construction Lender signed a contract with the General Contractor—not the subcontractor—the carrier denies the Owner's defense tender unless ISO CG 20 38 (or a scheduled CG 20 10) is attached. Furthermore, neither CG 20 33 nor CG 20 38 covers completed operations without CG 20 37 or CG 20 39/20 40!
Potential Financial Impact: $150,000–$1,500,000 contractual breach and upstream Owner defense tender rejection.
Verbatim Policy Endorsement Language
Who Is An Insured is amended to include as an additional insured any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy (CG 20 33) — plus any other person or organization you are required to add as an additional insured under the contract or agreement described above (CG 20 38).
Exact Broker Remediation Instructions
If the subcontractor uses blanket Additional Insured endorsements instead of scheduled CG 20 10, mandate ISO CG 20 38 (not CG 20 33 alone) so upstream Project Owners and Lenders are covered without direct contract privity, paired with CG 20 37 or CG 20 40 for completed operations.
CG 20 33 / 20 38 Frequently Asked Questions
What is the difference between ISO CG 20 33 and CG 20 38?
ISO CG 20 33 requires direct written contract privity between the subcontractor and the Additional Insured—meaning it covers the General Contractor, but excludes the Project Owner and Lender. ISO CG 20 38 extends automatic Additional Insured coverage to any upstream party (Owner, Developer, Lender, Architect) whom the subcontractor agreed in writing to add.
Do CG 20 33 or CG 20 38 include Completed Operations coverage?
No. Both CG 20 33 and CG 20 38 terminate coverage when ongoing work concludes. Subcontractors must still attach CG 20 37 (scheduled) or CG 20 39 / CG 20 40 (automatic completed operations) to cover post-completion construction defects.