CSR: Commercial GL Flashcards
Occurance
An accident, including continuous or repeated exposure to substantially the same general harmful conditions.
Occurance-Based Policy
A policy covering claims that arise out of damage or injury that OCCUR during the policy period, REGARDLESS OF WHEN CLAIMS ARE MADE. Most commercial general liability insurance is written on an occurrence form (aka on a per-occurrence basis).
Claims-Made Policy
A policy providing coverage that is triggered when a claim is MADE against the insured DURING THE POLICY PERIOD, regardless of when the wrongful act that gave rise to the claim took place.
Third Party Liability Claim
Liability claims brought by persons allegedly injured or harmed by the insured. The insured is the first party, the insurance carrier is the second party, and the claimant is the third party.
Tort
A wrongful act which causes harm to someone else.
Intentional Tort
When a person intends to perform a wrongful act which causes harm to someone else.
Named Insured
Any perso, firm, or organization, or any of its members specifically designated by name as an insured(s) in an insurance policy.
Automatic Insured
Individuals and/or companies that are covered automatically because they have a business relationship with the named insured.
Policy Limit and name the 6 Limites
Highest amount the insurance carrier will pay for a loss in a given policy term. Limits under a CGL policy are interrelated and payment of damages on one limit will affect another limit. There are 6 limits:
1) each occurrence
2) Damage to premises rented to you
3) Medical expense
4) Personal and advertising injury
5) General aggregate
6) Products/completed operations aggregate
1) Each Occurrence Limit
The most that an insurance carrier will pay for damages under Coverage A, Coverage B or Coverage C due to ONE occurrence. Regardless of the number of individuals or organizations who suffered a loss due to the occurrence, this limit will still apply.
Coverage A: bodily injury and property damage
Coverage B: Personal and advertising
Coverage C: medical payments
2) Damages to Premises Rented To You Limit
This limit is the most that an insurance carrier will pay for PROPERTY damages under Coverage A to a premises rented to the insured.
3) Medical Expense Limit
Most that an insurance carrier will pay for MEDICAL expenses under Coverage C for third-party bodily injuries. This limit applies separately to each third-party with bodily injury, but is a sub-limit of the ‘each occurrence limit’ and, as with the ‘damage to premises rented to you limit’, payments made under medical payments will reduce the ‘each occurrence limit’ for that same occurrence and will also reduce the ‘general aggregate limit’
4) Personal and Advertising Injury Limit
Most that an insurance carrier will pay for damages under Coverage B for third-party. Personal and advertising injury. THe limit is applied separately to each third-party sustaining the personal and advertising injury. Independent of the each occurrence limit’ meaning an insurance carrier might be required to pay both the ‘personal and advertising injury limi’, as well as, ‘each occurrence limit’ until the ‘general aggregate limit is reached.
5) General Aggregate Limits
Most that the insurance carrier will pay for all occurrences during the policy period. Once an insurance carrier pays the full amount of the aggregate limit, the carrier has no further obligation to pay claims or dense costs for the insured.
Most the insurance carrier will pay for damages under Coverage A and B
6) Products/Completed Operations aggregate Limit
Most that the insurance carrier will pay for damages under Coverage A for those claims, suits and hazards specified by the products-completed operations hazard.
The specific hazards are limited to a third-party’s bodily injury or property damage:
That occurs away from the insured premises AND
Arises out of the insured’s products no longer in the insured’s possession or the insured’s work that has been completed
Endorsement
Amendment to an insurance policy which adds, modifies, or eliminates coverage. Becomes a part of the legal insurance contract. Unless a specific term is noted, it will typically remain part of the policy even through policy renewals.
Endorsement Form Number
CG 24 04 0413
Form Number: CG 24 04 0413
CG= Commercial General
24 04 = the type of endorsement (Waiver of transfer…)
0413= version date of the endorsement (April 2013)
Additional Insured Endorsements
Individuals or entities not normally covered under the CGL policy, but for which the insured desires or is required by contract to provide coverage and so are added via additional insured endorsements.
Example: managers or lessors of premises
Club members
Church members and officers
Metaphor for CGL Limits: Water Tanks
Aggregate limits can be imaged as two separate water tanks. Piping from each tank flows into smaller tanks, each of which represents the four other CGL limits. Presume at policy inception the aggregate tanks are completely full, the other tanks (limits) completely empty.
Any time a claim is paid, the smaller tank from which the claim is paid must first draw the water from the large aggregate tank, reducing the water level in the aggregate tank. Claims are paid on the policy until the aggregate tank is empty- in which case the aggregate is exhausted as nothing is left. Any further attempt to draw from that aggregate tank during the policy period will come up dry. That is until the policy renews and the aggregate tank is refilled.
Waiver of transfer of rights of recovery against others to you (waiver of Subrogation) endorsement
Can be equeated to the workers’ compensation waiver of Subrogation endorsement where one party agrees to waive its right to pursue reimbursement from the at fault party in the case of a loss. There are also two versions of this endorsement: scheduled and blanket.
Employee benefits liability endorsement
Used to add coverage for damages the insured may incur due to error or omission committed in the admin of employee benefits.
Describing benefit plans and eligitibiliyt rules to employees, other eligible family members, and beneficiaries
Maintaining files and records related to employee benefits, whether electronic or paper
Enrolling, maintains and terminating employees, eligible family members or beneficiaries in benefit plans
Designated COnstruction Project General Aggregate Lmit Endorsement
Aggregate limits are typically applied on a ‘per policy’ basis. This endorsement changes the aggregate limits to be applied on a ‘per project’ basis. The aggregate limits will then pay for the total of all claims during each project and will essentially reset with each new project throughout the policy term. Most often, the endorsement calls for each project to be listed by name within the policy.
Exclusion
instead of adding or modifying covering, this removes coverage form the policy. Sometimes built into the policy language itself, but often times by endorsement. If the excluded overage is necessary for the insured, the insured can sometimes negotiate for the exclusion to be removed from the policy. Standard Coverage A Exclusions: expected or intended injury, contractual liability, liquor liability, worker’s compensation and similar laws, pollution, war, damage to property, damage to your product, damage to your work, damage to impaired
Coverage B: knowing violation of rights of another, material published with knowledge of falsity, material published prior to policy period, criminal acts, contractual liability, breach of contract, quality or performance of goods-failure to corm to statements
Coverage C: miscellaneous type, public or livery conveyance, residence or premises, workser’s compensation, autos owned by or crushed or available for you regular use, business, war, nuclear, racing
Premium basis
The basis to which rates are applied to determine premium.
Exposure
An insured’s level of risk to a loss or claim represented as actual/estimated figures.
Determining the correct premium basis
The class code is tied to a premium basis which can be an insured’s payroll, gross sales, total cost and/or a variety of other business information.
Claimant
The third- party making the claim or responsible for a loss.
Indemnity
The coverage amount provided to the claimant for damages incurred due to the occurrence.