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for the week of March 5, 2021

Education + Analysis for the Independent Agent

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Special Feature - ACT Alert * News & Filings from ISO * Contractual Risk Transfer/Additional Insured/Certificates of Insurance * Flood * Miscellaneous & Professional Liability * Trends & Insights * Insurance Laws & Statutes/Coverage Resources
ACT Alert - Agency Hacking Security Alert
Big 'I' Agents Council for Technology (ACT) wants to make agencies aware of an increased hacking threat and provides areas where agencies should be vigilant to vulnerabilities.
RCP: What Does That Little Code Mean?
Insurance carriers often provide what is referred to as a RCP Code. The code comes from ISO data and provides a lot of information. With this code, agents have a lot of information and can use it to advise their clients. This article details each part of the RCP and provides some insight on how the information can be used.
"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.
Contractual Risk Transfer, Additional Insureds, and More
If you deal with construction clients, you deal with contractual risk transfer, additional insureds, and primary and noncontributory problems.
Important Flood Resources Agents Need
Flood insurance is a victim of politics. Information learned a few years ago may no longer apply. Stay current.
Contractors Professional and Pollution Liability Coverage: A Gap-Filling Necessity!
Contractors’ Professional and Pollution Liability is the contractor’s coverage solution. Often referred to as either the Contractors Pollution and Professional Insurance, the Contractor’s Protective Professional Indemnity coverage, or simply “CPPI,” this multi-peril form specifically addresses and closes the majority of pollution and professional liability coverage gaps resulting from the limited breadth of protection provided by the CGL Coverage Part A.
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.
Weird Legal Liability Theories You Probably Never Heard Of
Practice the insurance profession long and you begin to hear and learn various legal liability terms ranging from the basic ideas of “negligence” and “torts” to more specific concepts like “compensatory damages” and “superseding events.” Occasionally, though, we are still surprised by what the lawyers have created – weird legal theories that can’t possibly exist.
Duty to Defend – In the Words of the Court
Generally, an insurer’s duty to defend flows from the facts alleged in the lawsuit. When the pleadings alleged damage or injury that is covered by the policy, the insurance carrier has a duty to defend, regardless of whether the insured is ultimately liable and/or the insurer has a duty to indemnify. Conversely, when the pleadings allege facts or events not covered by the policy, and the insurer has no knowledge of facts to the contrary, the carrier is not obligated to defend – but this is a question of law.
Debating Ambiguities in Insurance Contracts
Every insurance practitioner knows what happens when there is an ambiguity in policy language, the insured is supposed to win. But what makes a provision ambiguous? Is an ambiguity created simply by disagreement, or is more required? Guess what, creating ambiguity requires more than simple disagreement over a policy provision.
Insured Status is VERY Complicated – Until You Understand It!
If the person or entity causing injury or damage to a third party is NOT an insured in the policy, guess what – there is NO coverage. Who is an insured, and not an insured, in the CGL, BAC and work comp must be understood, because if this is wrong, all the great work in designing coverage is useless!
The Underwriting Period
Every state and the District of Columbia grants insurance carriers an “underwriting period.” Insurance carriers are granted broad authority to cancel a newly-written policy during this statutorily-limited period.
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