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for the week of March 19, 2021

Education + Analysis for the Independent Agent

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Commercial General Liability * Condominium Issues * Businessowners' Policy * Personal Auto Issues * Workers' Compensation * Insurance Laws & Statutes / Coverage Rerources * Special Feature - ACT Alert
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.
Personal and Advertising Injury: Another Case Where ISO May Be Broader
Proprietary coverage forms are not always better than Insurance Services Office (ISO) forms. Careful comparison is required to confirm the insured is not harmed by non-ISO language. A recent Illinois district court ruling highlights an incidence where ISO’s Personal and Advertising Injury wording may be broader and better for the insured.
What is "Total Cost" as a CGL Premium Basis?
The ISO CLM specifies how a subcontractor exposure is to be charged, depending on whether the subcontractor is adequately insured or not. If adequately insured, premium is calculated on a "total cost" basis that includes labor, materials and equipment furnished for the job. Sounds simple, but is it?
Lightning Learning: Condos - More Than a Box of Air, an Insurance Nightmare
Available free of charge through April 2, 2021: This three-part series covers key information needed to write condos, provides key condo definitions, and explains who insures which property.
Five BOP Gaps and Pitfalls Agents Should Watch
BOP policies are not “all that.” There are some gaps every agent must know and understand before settling on a BOP.
BOP Not High on Cannabis
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.
ISO’s New MicroBOP: Get Ready to Rumble in the Micro-Business Market
The economic disruption caused by COVID-19 has left millions of people unemployed—at what many say is the highest rate since the Great Depression. In considering the future, those who’ve lost their jobs may think about starting a home-based business as the crisis eases or perhaps working more independently. This could create an expansion of the micro-business market—businesses with few or no employees that often operate out of homes or shared spaces.
Does the PAP Cover Food Delivery?
For the personal auto insurance industry, food delivery is a big exposure. And because so many teenagers and even young adults deliver food as a primary or secondary source of income, agents are regularly asked if the PAP covers food delivery.  Does the PAP extend coverage for food delivery? Well, maybe! Like so many other insurance coverage questions, the answer depends on the coverage language of the individual policy and the specifics of the activity.
Rental Cars and Unauthorized Drivers
We had an insured call to advise that he was going on vacation and renting a car in his name. He has a 19 year old that he understands cannot drive the rental car, by the rental car company's requirement. However, he is planning on letting the 19 year old drive the car anyway. His question was would his personal auto policy respond. I guess my common sense might be getting in the way of the legal application of the policy, but I hesitated to say yes because he is clearly in violation of a written contract. Would the personal auto policy respond?
5 Key PAP Eligibility Questions
When writing a PAP, the “risk” must meet specific eligibility guidelines. Five of these eligibility guidelines are discussed in this article.
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. There are employee-related gaps in the commercial general liability (CGL) policy and the workers’ compensation (WC) policy that make this coverage a necessity. This primer allows a much clearer understanding of this important yet neglected coverage.
Occupational Illness and Compensability
Workers’ compensation coverage responds only to an injury or illness defined as occupational. To be occupational and compensable requires certain tests be satisfied. Three key tests must be satisfied before an injury qualifies as an occupational injury, but what about occupational illnesses? One additional test must be passed before an illness is judged occupational and thus compensable.
Wife Sues Husband’s Employer Because He Brings Home COVID
In a first of its kind case, a wife sues her husband’s employer alleging she contracted COVID from her husband as a result of the employer’s negligence leading to her husband contracting COVID. Confused? Don’t be. This may be the first nationally covered employers’ liability case.
PAP Resource List by State
Download this handy PAP Resource list organized by state for easy reference.
Special Feature - ACT 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.
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