Including an HOA as Additional Insured on Contractors’ CGL

• By: The Big "I" Virtual University
• February 17, 2026

An agency insures several contractors that do work for unit owners within a homeowners association (HOA). The HOA asked to be an additional insured on these contractors’ policies. The blanket additional insured endorsements require a signed contract, but each contractor’s signed contract is with the unit owner and not the HOA. Most of the agency’s carriers say that the HOA must be scheduled.

Q: Without incurring a large expense by scheduling the HOA as each job arises, what is the best way to endorse the contractors’ policies to include the HOA as an additional insured? Would endorsements CG 2010, CG 2033 or CG 2038 be a solution?

Response: There are two main questions you need to answer before you can determine how to address this situation. First, is there a written contract in force between the unit owner and the contractor? Second, does that contract require the HOA to be granted additional insured status? 

If the answer to either is “no,” then the conversation ends there. The only way to secure additional insured status for the HOA is to schedule it individually and have your client pay the corresponding premium. If the answer to both is “yes,” then we can look at endorsements CG 2010, CG 2033 and CG 2038.  

The key concept here is privity of contract. In the context of additional insured status, privity means there must be a written contract directly between the contractor and the party seeking additional insured status—in this case, the HOA. If that contract doesn’t exist, additional insured status doesn’t exist, even if there is a contract between the contractor and the unit owner. 

Here’s how each endorsement addresses privity of contract: 

CG 20 10. This form was not originally designed for automatic additional insured status. When underwriters use it for that, the specific wording they use can determine whether privity is required. Because the language isn’t standardized, courts may interpret it differently.

CG 20 33. This form is specifically designed for automatic additional insured status, but it requires privity of contract right in the first sentence:

Section II—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.

Since you’re trying to avoid that requirement, this form won’t work for your situation. 

CG 20 38. This form also provides automatic additional insured status but does not require privity of contract. It could be a good fit for granting additional insured status to the HOA—but only if the contract between the contractor and the unit owner specifically requires the HOA to be included as an additional insured. If that requirement is missing, or if the work is being done informally with a handshake agreement, this form won’t accomplish your goal. 

One final thing: All three forms only extend coverage for ongoing operations. They do not address liability arising after the work is completed, also called completed operations. Most construction contracts I’ve seen require additional insured status for both ongoing and completed operations, so you’ll want to confirm with your underwriters what additional endorsements can fill that need. 

This question was originally submitted by an agent through the Big “I” Virtual University’s (VU) 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.

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