64. Rather than depending on the Commercial General Liability Coverage Form, an owner may obtain security protection in any of the following ways EXCEPT
Answer: B
Rather than depending on the Commercial General Liability Coverage Form, an owner may obtain security protection in any of the following ways EXCEPT relying upon case law interpretations of owner immunity.
Relying upon case law interpretations of owner immunity is not a proactive means of obtaining security protection for an owner, as it depends on the outcomes of past legal cases rather than securing specific coverage or agreements.
A) Require the contractor to provide an OCP policy in the name of the insured
This option is a legitimate method for an owner to obtain security protection. An Owner Controlled Insurance Program (OCP) policy provides coverage for the owner and can help mitigate risks associated with construction projects, thus making it a valid alternative.
B) Rely upon case law interpretations of owner immunity
This option is incorrect as it does not constitute a concrete method of obtaining security protection. Instead, it places reliance on the legal precedents that may not guarantee future protections, thereby leaving the owner vulnerable.
C) Insert a hold harmless agreement in favor of the owner in the construction contract
Including a hold harmless agreement is a valid strategy for ensuring that the contractor assumes liability for certain risks. This contractual provision helps protect the owner from claims related to the contractor's work.
D) Add the owner as an additional insured on the contractor's general liability policy
This option is a common practice in construction projects that provides the owner with additional coverage under the contractor's insurance policy. It effectively secures protection against liabilities that may arise during the project.
Conclusion
The correct answer is B, as it does not provide a tangible means of security protection for the owner. Options A, C, and D are all proactive steps an owner can take to ensure coverage and manage risks associated with construction projects, while B relies on uncertain legal interpretations without establishing direct protection.