Duty to Defend – In the Words of the Court
Generally, an insurer’s duty to defend flows from the facts alleged in the lawsuit. When the pleadings alleged damage or injury that is covered by the policy, the insurance carrier…
Commercial Lines
Employees in Work Comp: Two Key Work Comp Questions
Workers’ compensation, as a coverage, is simple. A worker gets hurt, the work comp policy pays – theoretically; that’s the simple part. The more complicated areas of workers’ compensation involve…
Actual Cash Value and the Depreciation of Labor
The concept of actual cash value (ACV) is far more complicated than “replacement cost minus physical depreciation.” In fact, the meaning of replacement cost differs based on the state. To…
Pollution Exclusion: Have the Reports of its Death Been Greatly Exaggerated
Insurance carriers may now have boundaries by which the “absolute” pollution exclusion can be applied, at least in Washington state. But the boundaries are pretty well laid out by two…
Painkillers in Workers’ Compensation
On any given day in the United States, perhaps 500,000 injured workers are under treatment for chronic pain; a great majority ingest opioids. There may well be 100,000 injured workers…
It’s Important to List All Insureds – If You Are Trying to Avoid E&O Suits
As ridiculous as it sounds, the entity being sued has to be an insured to garner any protection from the commercial general liability policy.
Understanding the Difference Between Insurable and Compensable Business Income
Business income coverage is unique because the factors used in calculating the amount of protection the insured is required to purchase differ from the factors used when calculating the amount…
FEMA Flood Disaster Guidelines Every Agent Should Know
The Stafford Disaster Relief Act places specific requirements on entities receiving disaster assistance. Many agents are unaware of the provisions of this Act. Failure to comply can be costly for…
Does Additional Insured Status Replace the Need for a Waiver of Subrogation?
Lower tier contractors seem to be fighting back on some contractual insurance requirements – even to the point of making improper claims. One in particular is that making another party…
Contractors Professional and Pollution Liability Coverage: A Gap-Filling Necessity!
Contractors’ Professional and Pollution Liability is the contractor’s coverage solution. Often referred to as either the Contractors Pollution and Professional Insurance, the Contractor’s Protective Professional Indemnity coverage, or simply “CPPI,”…
