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56 Cards in this Set
- Front
- Back
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3 CGL Coverage Types |
Coverage A - Bodily Injury and Property DamageCoverage B- Personal and Advertising InjuryCoverage C- Med Pay
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Basic Exposures Covered by CGL |
Premises Exposures- happens at insureds property
Operation Exposures- happens away from insureds property Products Exposures- claim arises from something you sellloss must occur away from premises. Insured must have relinquished control of the product to the buyer Completed Ops- claims that happen due to your completed work. Contract Liability- claims that arise after 2 people enter into a contract Tort- Any Civil wrong other than breach of contractIntentional Libel, Slander, Invasion of Privacy |
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TORT |
Tort-Something on purpose.
Assault and Battery. Assault-threatening of battery, Battery-wrongful touching. |
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4 requirements to negligence
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1. A duty owed (how a prudent person would act.)
2. breach of duty owed 3. damages must occur as a direct result of breach of duty 4. breach is the cause of damage |
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3 TYPES OF LEGAL LIABILITY |
Strict Liability- primarily used in products liability Manufacturer is held strictly liable for injury caused by the product
Absolute Liability- aka "dangerous instrumentality doctrine" doesnt matter-guns, animals, explosives. damage is without regard to negligence. |
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CGL COVERAGE A- |
Bodily Injury and Property Damage
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Requirements for BI & PD claim to be paid
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Must happen within the policy periodHas to be either BI or PDMust be caused by an occurence within the policy territoryClaims can only be filed on policies that OCCUR during specific policy periods. Each year's limits are independent of eachother.
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COVERAGE TERRITORIES ARE:
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US, CANADA, TERRRITORIES, PUERTO RICOinternational water or air but only if traveling from to and from said territories
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GL Coverage are where? |
US, CANADA, TERRRITORIES, PUERTO RICOinternational water or air but only if traveling from to and from said territories MEXICO IS NOT INCLUDED |
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BODILY INJURY
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injury or sickness sustained by a person. includes DEATH.
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PROPERTY DAMAGE
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injury to tangible property and resulting loss of use of that property
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L E A S E + |
L-lease of premises
E-easment of property A-agreement to indemnify a city S-sidetrack agreement E-Elevator Maintenance +Assumption of tort liability |
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Limited Hold Harmless |
typical hold harmless. insured injures someone, assumes coverage for GC
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Intermediate Hold Harmless
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insured assumes coverage for his and GC's employees |
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Broad Hold Harmless
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Insured is responsible if anyone injures anyone
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Pollutants are
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solid, liquid, or gaseous or thermal irritant
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ISO Pollution |
excludes most pollution. Smoke from fire is ok, from heating cooling equipmenthave to be outside, cannot be something you brought, can covered if you bring pollutant inside. Will not pay to CLEAN
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Requirements for CGL claim |
insured must be legally responsible to pay Must Be BI or PD Must Occur during the policy period No prior knowledge |
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Liquor Liability |
ISO does not cover it. Exclusion only applies if you are in the business of making or selling alcohol |
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Pollution Exceptions Still doesn't pay for the clean up does not apply to products completed ops |
Smoke from hostile fire smoke etc from heating and cooling equip fuel, fluids from your vehicle if working in a building, you bring it with you you hit a line that isn't yours. you run into a fuel tank off of your property |
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Mobile Equipment |
vehicles designed for use principally off public roads on crawler treads vehicles that operate solely on or next to premises you own or rent vehicles maintained primarily to to provide mobility to permanently mounted |
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Not Mobile Equipment |
Snow Removal Road Maintenance, but not restructuring/resurfacing street cleaning Cherry Pickers |
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ISO Mobile equipment exclusions |
when being transported by an auto being used to drag race or stunt activity |
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Completed Ops |
Will pay for damage your work caused but not damage to GC or Subs Work |
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Med Pay |
GOOD WILL-does not pay for insured or its employees must be within coverage territory and policy period |
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Med Pay occurs if |
on or next to premises because of the insured's operations within coverage territory must be incurred within 1 year from the date of the accident |
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BA Pollution Covered |
Fuels, lubes, from the vehicle Hitting something that causes it away from premises running someone carrying pollutants off the road and spilling them |
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Diminution in value |
actual or perceived loss in market value or resale value which results from a direct and accidental loss |
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symbol 1 |
any auto |
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symbol 2 |
owned autos only |
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symbol 3 |
owned private passenger autos |
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symbol 4 |
owned autos other than private passenger autos |
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symbol 5 |
owned autos subject to no fault or pip |
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symbol 6 |
owned autos subject to UM law |
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symbol 7 |
specifically described autos |
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symbol 8 |
hired autos only |
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symbol 9 |
non-owned autos only |
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symbol 19 |
mobile equipment |
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iso auto liability for trailers, mobile equip, temp substitute autos |
trailers with load capacity less than 2000 mobile equip being carried or towed by covered auto any auto you borrow with permission to replace your broken down piece of ****. |
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Automatic coverage for newly acquired autos |
symbol 1, 2, 3, 4, 5, 6, or 19 |
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Automatic coverage with symbol 7 |
if insured already has symbol 2 informs insurer within 30 days |
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BA Who is insured |
You named drivers |
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BA Who is not insured |
employees driving their own vehicles someone in the auto business non employees loading or unloading partners or members driving their or household vehicles |
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Employees As Insureds |
insures status for employees using an auto not owned, hired, or borrowed. Gives insured status to employees who use their personal cars. Commercial auto carrier cannot subrogate against employee. employees personal auto policy is primary |
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BAP covers damage by cargo, loading and unloading, but not damage to cargo. That would be c, c, or, c. |
In a nutshell |
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aftermarket |
wont cover radar detector will cover up to 1000 bux for mounted electronic equipment |
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Work Comp Defined By Law |
Injury related to employment arising out of or in the course of occupational disease |
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Disability types |
Temporary total Broken leg, youre out Temporary partial, broken wrist. not a big deal Permanent partial severed limb permanant total neurological, pelagic. |
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Survivorship |
goes to family members to live on goes away for kids 18-25 goes away for wife if she remarries based on what spouse would make |
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Medical |
no policy limit will pay reasonable and customary no waiting period |
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Monopolistic State fund |
NOWW North Dakota Ohio Washington Wyoming Can only buy work comp from there |
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employers liability |
for third party claims arising out of work comp claims |
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Dual capacity claim |
employee is injured during job by insureds product |
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Ohio |
if employer covered in other state, claims barred by out of state workers. can only be there 90 days. |
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employers liability |
coverage pays for other damages the employer may be found legally responsible for due to an employee's injury. These may include wrongful death, damages for care or loss of services, consequential injury to a spouse, child ,etc.
3RD PARTY CLAIMS |
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Other States Insurance |
for those states in which an employer is actively conducting business operations at the effective or renewal date of the policy they must be listed in other states insurance |
