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In 2019, ISO introduced three new construction-related endorsements. Two extended automatic insured status for completed operations and one waiving subrogation rights when required by contract. The industry asked and received.
ISO endorsements are reasonably well understood due to their familiarity; but proprietary endorsements aren’t standardized or always familiar. This means agents must read all endorsements – ISO and especially proprietary endorsements.
Over the past few years liability insurers have been adding endorsements to attempt to limit their exposure for bodily injury claims on construction sites (not to mention for property damage). One way that insurers have attempted to limit such exposure has been to amend their CGL policy’s “employer’s liability” exclusion to preclude coverage for bodily injury to employees of “any insured” -- as opposed to the standard language, which applies to preclude coverage for employees of “the insured.”
Perhaps a large majority of all businesses are subject to data breach liability whereby someone steals or makes unauthorized use of personal or confidential information, often of customers. Such data breaches have resulted in lawsuits and government sanctions. While most “ISO standard” policies do not cover most types of data breaches, ISO has introduced a number of liability data breach exclusion endorsements.
Over the past few years, we've seen increasingly widespread use of the ISO CG 22 94 endorsement. As the 'what goes around, comes around' saying goes, we are now coming full circle to the pre-1986 CGL policy without the Broad Form endorsement. This article explores the increasing use of the CG 22 94...why it should strike fear in the hearts of you, your insureds and your E&O carrier, and the potential opportunity that it presents for some agents.
Based on the number of 'Ask an Expert' questions we're getting, there appears to be an increasing use of the the CGL 'Designated Premises' endorsement. Generally speaking, this is something your insured wants to avoid. On top of that, we're seeing it used for the wrong reason and/or used to accomplish something the insurer thinks it accomplishes but really doesn't.
The CG 22 92 purports to extend completed operations coverage to snow plow operations via exception to CGL Exclusion g. However, this flies in the face of most interpretations that the CGL policy provides completed operations coverage for exposures created by the prior operation of an auto.
A lawn maintenance company was hired to fertilize a residential client's lawn. The lawn was damaged by the application of the incorrect fertilizer and needed to be replaced. The carrier denied the claim based on the determination that the lawn was part of 'your work' and excluded. Is this correct?
One of the most common contractual requirements your commercial insureds face is a requirement to waive a right of subrogation. Most often, these waivers are one-sided when it comes to general liability, but mutual with regard to property damage under lease agreements. They can also arise under business auto, workers compensation, marine, umbrella, and other exposures. In this article, we'll explore some typical provisions and how they can be effected under various insurance policies.
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