Insurance Illustrated

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for the week of May 8, 2020

Education + Analysis for the Independent Agent

Special Feature - COVID-19

Coronavirus 'Civil Authority' Coverage May Hinge on Science

Many readers may have heard that the first business income/civil authority lawsuit was filed in New Orleans on March 16, 2020. It’s no surprised it was filed; nor was it a surprise how quickly it was filed. Law360’s insurance writer, Jeff Sistrunk, penned a thought-provoking article on the scientific research that may play a part in the coverage debates certain to follow this case.

Workers’ Compensation, COVID-19 and 3.A. States

Workers' compensation is regulated at the state level. Although there are some benefits to this, there are also problems created.

Coronavirus: Business Income Losses and a Covered Cause of Loss

How is the actual loss of business income deciphered? Both ISO-promulgated business income policies (CP 00 30 and CP 00 32) provide guidance on how the actual loss of business income is calculated.

Commercial General Liability

“Dagger” or Plus Symbol Classes: What They Mean

Nearly 40% 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.

‘However’ – the Word that Neutralizes the ‘Absolute’ Pollution Exclusion

Amazingly claims adjusters still believe the commercial general liability’s (CGL’s) “absolute” pollution exclusion is, in fact, absolute. Bizarre stories abound of claim denials arising out of misapplications of the exclusion. Some accounts are myths and legends, but some are all too real. This article details the “howevers” in the CGL’s absolute pollution exclusion that makes it anything but absolute.

Business Auto

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.

Business-Use Auto Titled in Business and Individual’s Name

Small businesses are facing problems when buying a commercial auto for business use – banks often require the business and the business owner’s name be on the title. This has the appearance of creating coverage problems, but none really exist. However, to avoid any question or appearance of a coverage gap, the agent can take specific steps to avoid improper denials.

Condominium Issues

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?

Condominiums Revisited

In this piece we answer three condominium questions for unit owners. First, when the unit owner is responsible for insuring unit improvements and betterments, is this limited to improvements made by them or any previous owner? Second, should the unit owner’s mortgagee be added as an additional insured or mortgagee on the association’s master policy? And lastly, how should agents respond when the mortgagee is requiring Coverage A limits equal to the loan amount?

Workers’ Compensation

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.

Employers’ Liability: A Primer

Agents very rarely experience an employers’ liability claim; but this does not mean this important gap-filling coverage should not be understood. This primer allows a much clearer understanding of this important yet neglected coverage.

Life & Health

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.

When Prescription Coverage Is Not Good!

Many insureds receive an increase in benefits when a health insurance policy adds prescription coverage to the benefits that had already been granted. Other insureds may be surprised to find that the addition causes an increase in their out of pocket expenses rather than an increase in coverage.

Insurance Laws & Statutes / Coverage Resources

Dog Owner Liability Rules by State

Download this state-by-state list of dog owner liability rules for easy reference.

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