| | | | Commercial General Liability * Condominium Issues * Businessowners' Policy * Personal Auto Issues * Workers' Compensation * Insurance Laws and Statutes * Answering Your FAQs |
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| You insure a residential painting contractor. Many of his customers give him access to their homes when they are not around. What if he damages the premises while having sole access to the home? Does the ISO CGL policy’s “CCC” exclusion apply? |
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| The California Appeals Court recently ruled on the application of the CGL’s j(5) and j(6) exclusion in regard to construction defect cases. This article highlights the key findings in the case of Global Modular, Inc. v. Kadena Pacific, Inc. |
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| The “absolute pollution exclusion” may be the most misunderstood and misapplied exclusion in ISO’s commercial general liability policy. Carrier are misapplying for one of two reasons: 1) they really don’t understand it; or 2) they are looking for a way to deny a claim. Either way, shame on them for torturing the policy to affect an improper decision. |
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| It’s very unlikely that many purchasers of a townhome or a stand-alone home in an association ever consider the insurance implications of such purchases. Only when it’s time for the agent to provide coverage, does the issue surface. This article examines some of the insurance aspects of owning homes in a homeowners’ association, including situations where residential property is often improperly insured to the extent that a serious E&O exposure is presented. |
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| Although the unit owner doesn’t own the entire structure, they may have responsibility for insuring some “real property” elements that are part of the building. And the only way to know what property the unit owner is required to insure is to read the condo association’s ruling documents such as the covenants, conditions and restrictions (CCRs). |
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| An HO-6 condo form includes only Coverage A and C for direct damage to property…that is, no Coverage B. What if the insured owns a structure not attached to the unit? Can it be insured and, if so, how? |
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| Below is an "Ask an Expert" question we received involving a BusinessOwners Policy. While we attempted to address the coverage issues raised from the standpoint of the BOP, it became very clear that this risk was not suited for a BOP, regardless of whether or not the insurer was willing to issue one. While BOP's can be ideally suited for many mainstream businesses, it isn't for everyone. |
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| The ISO Commercial Property form, CP 00 10, requires that buildings and structures be described in order for coverage to attach. However, ISO’s Business Owner’s Policy only requires that the premises be described. So, as long as the “building” limit is adequate, that limit applies to all structures on the premises. However, that makes it critical that all structures and their values be considered in determining limits. |
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| ISO introduced five new cannabis exclusions for use with the BOP policy. Two of the five are essentially “absolute” exclusions and three have a hemp exception. This article introduces and explains these new endorsements. |
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| A PAP customer’s engine was damaged by water in the fuel. The adjuster has tentatively denied the claim, citing the wear and tear and mechanical breakdown exclusions. Do you agree? If not, what argument do you make to get this claim covered…if it should be covered? |
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| We find that often there is a misconception that listing someone as a driver on an auto policy automatically makes them an insured or that someone is not an insured because they are not listed as a driver. The reality is that the policy language is what governs and listing as a driver is more often an underwriting and rating tool. But there are exceptions…caveat emptor! |
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| Your 20-year-old daughter is away at college. She does not have a car on campus, but her roommate does and she drives the auto occasionally. Would your unendorsed personal auto policy respond if she has an accident driving the car? If not, is there anything you can do about it? You might be surprised... |
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| While the number of compensable lost-time injuries have declined steadily for more than 25 years, work comp rates have not dropped. Why? Could the cost of injuries be to blame? |
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| When the work comp policy expires, it is time for the audit. As every agent knows, work comp premium is generally based on payroll; thus, the two most important questions are: 1) what remuneration is included in the audit; and 2) what remuneration is excluded from the audit? Of the two questions, knowing what payroll is excluded from the audit might be the more important information – as this is where most mistakes are made. This article lists the payroll inclusions and exclusions. |
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| Endorsements serve to alter any policy; this is true of workers’ compensation policies. This is a schedule and description of many workers’ compensation forms and endorsements. |
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| You can download this ACV Rules and Depreciation of Labor State List for easy reference. Note that not every state has common law, statutory law, or DOI reaction regarding depreciation of labor. Only those states that have addressed the issue are indicated in this reference list. |
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| When writing a PAP, the “risk” must meet specific eligibility guidelines. Five of these eligibility guidelines are discussed in this article. |
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