Insurance Illustrated

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for the week of May 1, 2020

Education + Analysis for the Independent Agent

Special Feature - COVID-19

Coronavirus and Workers’ Compensation

What makes an illness an “occupational illness” and compensable under workers’ compensation? More specifically, how does workers’ compensation respond to the latest viral panic, the Coronavirus?

COVID-19 and Commercial Property Vacancy Concerns

As of this writing 38 states and countless cities and counties have enacted some form of stay-at-home order amid the pandemic panic arising from COVID-19. If the operation is not considered an “essential” business, its doors are shut - for now. How long such orders will or even can stay in place is anyone’s guess.

COVID-19: Are There Any Weird Homeowners’ Coverage Exposures?

Does having friends over during a state-mandated stay-at-home order create any insurance issues regarding COVID-19? What about when it’s over? These sound like weird questions. As weird as the questions sounds, the answer may be weirder.

Commercial General Liability

Are You Applying the MOST Basic CGL Coverage Rule?

A policy’s or coverage part’s insuring agreement is the broadest coverage is ever going to be – the top of the funnel you might say. If the loss or damage falls outside the coverage provided by the insuring agreement – you don’t have to look any further into the policy – there is no coverage.

“Dagger” or Plus Symbol Classes: What They Mean

Nearly 40% of ISO’s general liability class codes are, what some call, “dagger” codes. All a “dagger” classification does is rearrange where the products and/or completed operations coverage is found.

Should Trade Names be Listed as Named Insureds on the CGL?

Should DBAs or T/As (trade names) be listed on the CGL? Do they have to be listed? Adjusters have told some agents that the misnaming of a trade name endangers coverage. This is not true! Find out why.

Business Auto

“Leaseback” of a Personally-Owned Auto Done Right

When a commercial client intentionally or unintentionally includes a personally-owned auto on the BAP, the agent must ascertain the legitimacy of the vehicle’s inclusion on the BAP. When is the inclusion of a personally-owned auto on the BAP legitimate and proper?

A Common Improper Claim Denial in the BAP

“An” insured does not equal “the” insured in any policy; however, carriers like to broaden the meaning of “an” insured in the BAP care, custody or control exclusion to make it equal to “the” insured so it can deny claims that should not be denied. You may have experienced this in your own office.

2 Overtly Useless BAP Endorsements

Lawyers make life interesting for the insurance industry. Often we outsmart them by creating endorsements to satisfy a request that, in effect, really do nothing other than make the lawyers feel good. That’s the effect of these two endorsements.

Condominium Issues

Additional Living Expense: Be Careful the Advice You Take

Additional Living Expense is specifically limited in the HO policy; however, at least one group that undertakes to provide “expert” opinions believes that there is no limit. Be careful the advice you take and read the policy yourself rather than depending on others. The E&O claim you avoid could be your own.

Loss Assessment Coverage

Individuals who live in or own homes in a home association face increased financial risks from assessments. Personal lines policies cover some of the assessments, but increased limits of loss assessment coverage should be purchased where available, and individuals who live in a HOA should have their policy endorsed to include personal injury liability claims.

Condo Associations and the NFIP

What happens with there is not enough coverage from the NFIP to cover the condo association. Do the unit owners purchase their own coverage or does the association have to purchase excess coverage?

Workers’ Compensation

17 “Tests” to Decide: Employee or Independent Contractor

Constant debate swirls around the difference between independent contractors and employees. Use these 17 “tests” to differentiate between a de facto employee and a true independent contractor.

Bad Things Happen When Employees Travel to Other States

Traveling employees create workers’ compensation coverage nightmares; but many agents are unaware of these travelling landmines until after the injury. The problems arise at the junction of two key concepts: 1) Extraterritoriality and 2) Reciprocity. If these two concepts don’t align, serious coverage implications – including no coverage – can exist.

Calculating the Insured’s Lowest Possible Work Comp Mod

Once the mystery is removed from the experience mod worksheet, development of the lowest possible experience mod is quite easy. This article shows how to develop the lowest possible mod while at the same time highlighting the fact that achieving this mod may not have the intended result.

Life & Health

Disability Income Insurance

As tough a sale as it is, life insurance can be sold. A far tougher sale is disability insurance. Most prospects do not understand statistically how likely they are to be disabled vs. deceased. This article provides some of those statistics, along with some coverage considerations!

Beneficiary Designation Considerations

Life insurance is purchased with consideration for others. An insured is not going to receive the policy proceeds. Family members are usually the designated recipients. Selecting the way to protect these benefits requires a great deal of consideration.

The Truth About the Accidental Death Rider

Many years ago, insurers created a “double indemnity” rider where death from an accident would result in double the face amount being paid. Now most insurers have a better solution.

Insurance Laws & Statutes / Coverage Resources

Condo Laws

This reference gives you the condominium law, the horizontal property law, the common ownership law, or whatever it is called of every state. Useful – and needed - whether you insure the association or the unit owner.

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