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Getting Beyond "Take It Or Leave It"

When a professional sports franchise decided to build a multimillion-dollar stadium, its prime contractor offered a Contractor-Controlled Insurance Program (CCIP) on a take-it-or-leave-it basis, but at a good price. Sensitive to the client's need to move forward with the contractor, but at the same time to fully protect itself, Wylie Donald moved the contractor (and its insurer) off its "non-negotiable" position and obtained better terms and more coverage, and also identified gaps in the CCIP program that permitted the client to procure its own supplementary coverage.