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for the week of May 14, 2021

Education + Analysis for the Independent Agent

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Commercial General Liability * Condominium Issues * Workers' Compensation * Miscellaneous & Professional Liability * Insurance Laws & Statutes/Coverage Resources * Special Feature
Quick Warning for Contractor Risks!
If a commercial contractor is now doing residential work because of market conditions, watch out for a residential exclusion.
Are You Applying the MOST Basic CGL Coverage Rule?
Before reviewing the exclusions, exceptions, and exceptions to exceptions, you must confirm the loss even qualifies for coverage based upon the grant of coverage found in the insuring agreement.
"Dagger” or Plus Symbol Classes: What They Mean
Nearly 40% of 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.
Additional Living Expense: Be Careful the Advice You Take
Additional Living Expense is specifically limited in the HO policy; however, at least one group that undertakes to provide “expert” opinions believes that there is no limit. Be careful the advice you take and read the policy yourself rather than depending on others. The E&O claim you avoid could be your own.
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?
Hurricanes and Homeowners Association Loss Assessments
Many homeowners are just now being assessed by their homeowner or condo associations for losses that occurred in 2005 due to master policy exclusions, deductibles, or inadequate limits. Some insurers claim that the policy that responds is the one in force at the time of the hurricane damage. Under the ISO HO-3, that's wrong and here's why...
“Workcation” and Work Comp
The employee decides to take his or her work “on the road” now that they are allowed to work from home – or anywhere. When the employee takes a “workcation” away from their residence, are any workers’ compensation issues created?
17 “Tests” to Decide: Employee or Independent Contractor
Constant debate swirls around the difference between independent contractors and employees. It seems that every contractor wants everyone to believe that everyone on the job site is an independent contractor; but we know that’s not true. Use these 17 “tests” to differentiate between a de facto employee and a true independent contractor.
Are You Ready for the Work Comp Audit?: Confirming Payrolls Used
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.
Legal Action Against the Insurance Carrier: What is the Agent’s Responsibility
ISO’s Commercial Property Conditions (CP 00 90) gives the insured up to two years to file suit against the insurance carrier. Should the agent advise their insured on this limitation? The answer might surprise you.
Claims Made and Polling Letters
If you have a client written on a “claims made” policy, a polling letter can save them from an uncovered claim and you from an E&O loss. Polling Letters are rarely used, but highly valuable. Protect your client and your agency!
Danger! Watch Out for Changing Entity Types
You cannot assume the entity type you insured last year is the same entity type that exists this year. When insuring small businesses, you are fighting against several unseen entities – namely accountants and lawyers. These other professionals make changes to the small business without much thought to the problems these changes can cause your client’s insurance program.
Conditional Renewal Notifications Requirements by State
You can download this convenient Conditional Renewal Notifications Requirements by State chart for easy reference.
IRV Methodologies, Replacement Cost and Reconstruction Cost: A COVID Issue?
Replacement cost isn’t what the insured thinks it is, and it’s the industry’s fault. When we say “replacement cost,” insureds hear, “I’m getting new stuff for old.” Depending on the situation, that is not true. We have to build the property policy to get to what the insured thinks replacement cost is; we have to build to reconstruction cost. Throw in COVID, and this whole issue becomes even more important.
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