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for the week of September 18, 2020

Education + Analysis for the Independent Agent

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Commercial General Liability * Condominium Issues * Workers' Compensation * Trends & Insights * Insurance Laws & Statutes / Coverage Resources * Answering Your FAQs
Insuring Trusts and Volunteers in Liability Coverage Forms
There is an entire generation of insurance agents who are totally unaware that insured status has not always been extended to Trusts and volunteer workers in the commercial general liability (CGL) policy. After all, these entities and individuals were first granted insured status near the turn of the century, way back in the 2001 edition of the CGL. But these additions initially applied only to the CGL forms (CG 00 01 and CG 00 02) and none of the other liability coverage forms. Now agents have the option to extend insured status to Trusts and volunteers in other liability forms.
Understanding Liquor Liability Coverage
When anyone is injured by an intoxicated individual, attorneys typically seek to suck in as many parties as possible to secure payment for the injured party. Liquor liability insurance is designed to defend the insured against charges of negligent conduct related to the service of alcohol; and to indemnify or pay on behalf of the insured if they are ultimately found legally liable for the injury or damage.
Does Requiring Customers to Wear Masks Have Any Effect on Legal Liability?
States are in various stages of reopening following months of COVID-19 lock downs. As the states progress through the various levels, businesses are making key decisions regarding masks, should masks be required or optional? Some legislatures have taken the responsibility for this decision away from business owners and are requiring masks be worn; but other states leave the decision to the business owners.
More HO Loss Assessment Misunderstandings
Can a condo association assessment for a deductible be paid by the HO policy without the entire association being assessed? An agent reports that one company will not pay unless the entire association has been assessed even if it is written into the by-laws that a single unit owner may be responsible for the association deductible.
Condos, Binders and "Walls In" Coverage
The VU "Ask an Expert" service has been made aware of a number of requests from the lenders of condo unit owners who want to be named as mortgagees on the association master policy. In addition, they are demanding that the binder specifically state "Walls In" coverage is provided.
Condominiums Revisited
This piece answers three condo 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?
When is an Illness, a Sickness, or a Disease Covered Under Workers’ Compensation?
Like work-related bodily injuries, illnesses, sicknesses and diseases must be considered “occupational” to be covered by the workers’ compensation policy. Before an illness or disease can be considered occupational and thus compensable under workers' compensation two tests must be satisfied: 1) The illness or disease must arise out of and be in the course and scope of the employment; and 2) The illness or disease must arise out of or be caused by conditions “peculiar" to the work.
Workers’ Compensation Glossary
A glossary of workers’ compensation terms.
Even Monkeys Cannot Explain Why Companies Insist on Workers’ Compensation Waivers of Subrogation Endorsements
Why waivers of subrogation are requested is a question that results in blank stares and shoulder shrugs. Risk managers want them because they were in the previous contract their company entered into. Subcontractors further down the food chain request them because somebody else required it as a condition to being awarded the contract. Owners and general contractors insist on them because they feel they are buying protection at some level, perhaps believing it will prevent the employees of subcontractors from suing them for injuries received on the project. Nobody knows why they are required beyond, “We’ve always done it that way.”
The Curse of the Easily Offended Student
Being offended is a personal choice; political correctness tries to keep change from occurring; and people who preach tolerance generally aren’t. Our society is in need of more adults who don’t need protection from the opinions, statements and beliefs of others.
11 Key Questions to Help Your Clients Avoid Hiring Bad and Unethical Public Adjusters
Learn the key questions to help clients avoid hiring bad and unethical public adjusters.
Policy Form Edition Dates and Why They’re Important
One of the most frustrating types of questions received by the VU “Ask an Expert” service usually begins with, “Does ‘a’ homeowners policy cover…” or “Does ‘a’ BOP cover….” The first question is, is it a pure ISO form or not? And, if it IS an ISO form, what is the edition date? What does the edition date matter? Keep reading….
Dog Owner Liability Rules by State
Download this state-by-state list of dog owner liability rules for easy reference.
How Should My Agency Handle Nonresponsive Seperated/Divorced Individuals on a PAP?
An agent asks: I'm working on establishing a standard office procedure for our office when dealing w/ divorce and personal auto policies. At what point are we able to remove the other party? If the first named insured sends in a copy of the formal divorce decree, are we able to then proceed with removing the other party?
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Alexandria VA 22314
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