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Commercial Liability Insurance Coverages: Overview
Commercial Liability Insurance Coverages: Overview
Commercial Liability Insurance Coverages: Overview
Overview
Property risks have a common characteristicthe amount of the loss is capped by the value of the property
lost and any indirect loss. Unlike commercial property risks, liability exposures are not limited in amount.
In this chapter we turn our attention to business liability risks and their treatment. Business enterprises and
professionals face a wide variety of liability exposures developing out of premises and operations, products
and completed operations, contractual liability, contingent liability, errors and omissions, and other
exposures. A number of commercial liability insurance coverages have been developed to address these
risks, including commercial general liability insurance, workers compensation and employers liability
insurance, business auto coverage, commercial umbrella policies, professional liability insurance, and
other liability coverages. A thorough understanding of commercial liability loss exposures and insurance
coverages is required for a successful risk management program.
Learning Objectives
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Medical payments
Occurrence
Occurrence policy
Other-states insurance
Personal injury
Physicians, surgeons, and dentists
professional liability coverage form
Products-completed operations aggregate limit
Outline
I. General Liability Loss Exposures
A. Premises and Operations
B. Products Liability
C. Completed Operations
D. Contractual Liability
E. Contingent Liability
F.
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1. What are the major general liability loss exposures that businesses face?
3. Coverage A of the commercial general liability (CGL) policy provides coverage for bodily injuries
and property damage. What important exclusions apply to Coverage A?
4. What six limits of liability apply under the commercial general liability (CGL) policy?
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6. What three coverages are provided under workers compensation and employer liability insurance?
7. What two important coverages are provided under the business auto coverage form?
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9. What are the major characteristics of physicians, surgeons, and dentists professional liability
insurance?
10. What is errors and omissions insurance? Who needs to purchase this type of liability coverage?
I only
II only
both I and II
neither I nor II
2011 Pearson Education, Inc.
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4. All of the following losses would be covered under a standard aircraft insurance policy EXCEPT:
(a) The plane was destroyed while on the ground as a result of a hangar fire.
(b) The plane crashed short of the runway because of fog, and a passenger required medical attention
for injuries sustained.
(c) A passenger was killed when the owner/operator made a navigational error and the plane crashed.
(d) Property in the owner/operators custody was destroyed when the plane crashed.
5. Brenda has worked for a bank for eight years. Several times shes been passed over for promotions
that were given to less qualified coworkers. When she complained, she was demoted and given menial
tasks. Brenda sued the bank and was successful in proving injury to her career by failure to promote
and retaliation. Which insurance coverage would pay the damages Brenda was awarded?
(a) workers compensation and employer liability insurance
(b) directors and officers liability insurance
(c) employment-related practices liability insurance
(d) commercial general liability insurance
6. Which statement(s) is(are) true with respect to the commercial general liability insurance form?
I. Advertising injury liability is not covered under the policy.
II. In addition to liability protection, the insurer provides for the cost of a legal defense.
(a)
(b)
(c)
(d)
I only
II only
both I and II
neither I nor II
7. All of the following are common exclusions under workers compensation and employer liability
insurance EXCEPT:
(a) intentional acts
(b) injuries that are not employment-related
(c) punitive damages
(d) occupational disease
8. A wide range of professionals (e.g., accountants, architects, and lawyers) need liability insurance to
provide protection in case a negligent act, mistake, or failure to perform harms a client. What type of
insurance is designed to meet the needs of these professionals?
(a) difference in conditions insurance
(b) errors and omissions insurance
(c) commercial general liability insurance
(d) directors and officers liability insurance
9. All of the following statements about the businessowners policy (BOP) are true EXCEPT:
(a) The BOP provides liability and medical payments coverage.
(b) Liability arising out of workers compensation, pollution, and professional services is excluded.
(c) Legal defense costs are counted against the policy limits.
(d) The BOP has two aggregate limits on the total amount of covered claims that can be paid during
the policy period.
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I only
II only
both I and II
neither I nor II
True/False
Circle the T if the statement is true, the F if the statement is false. Explain to yourself why a statement
is false.
T
1. The long tail refers to the fact that years after a liability insurance policy is first written,
claims may be reported.
2. Personal injury is not covered under the commercial general liability policy.
3. Physicians, surgeons, and dentists professional liability insurance forms always require the
medical professionals consent before the insurer can settle a claim.
4. The commercial umbrella policy shares losses on a pro rata basis with any applicable
underlying coverage.
5. The legal liability of another party can be assumed by an oral or written contract.
6. Employers liability insurance is not needed if the employer has coverage for workers
compensation.
7. Damage to property in the care, custody, or control of the insured is a common liability
insurance exclusion.
8. A loss covered under an occurrence general liability policy may not be covered under a
claims-made general liability policy.
F 10. Commercial general liability insurance covers the cost of a product recall.
F 12. Garage owners purchase business auto insurance to provide liability coverage for damage to
customers autos while in the garage owners care.
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Case Applications
Case 1
Kimball Manufacturing makes windows. All windows are manufactured on the premises and are shipped
to wholesalers, retailers, and consumers using company vehicles. To protect against liability claims, the
company bought commercial general liability insurance (with products liability and completed operations
coverage), workers compensation and employer liability insurance, and business auto coverage. Are the
following claims covered, and if so, under which policy?
a.
A Kimball Manufacturing delivery vehicle failed to yield the right of way and hit a school bus.
A lawsuit has been filed against Kimball Manufacturing on behalf of the injured children.
b.
c.
Kimball won the window contract for a new arena. The windows were custom-built and installed by
Kimball workers. The first time the arena hosted an event, a window fell out of its frame and injured
four people. A lawsuit has been filed against Kimball Manufacturing.
d.
A former employee who had been fired because of repeated absenteeism and tardiness returned to
Kimball Manufacturing to pick up his last paycheck. While walking down a stairway, a wooden step
broke. The former employee fell and sustained a concussion, a broken arm, and a broken pelvis. He
has filed a lawsuit against Kimball Manufacturing.
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Case 2
Right on Target Gun Shop is a sole proprietorship located in a rural area. The store is owned and operated
by Carl Gibson. The store sells a wide range of firearms, including rifles, shotguns, and handguns.
Carl Gibson purchased a businessowners policy (BOP) to cover property and liability exposures. A
number of coverage questions have arisen with regard to the liability coverage. Are each of the following
claims covered under the policy?
a.
When Carl was showing a customer a rifle, another customer called Carls name. As he turned to see
who called his name, he hit the customer with the barrel of the gun. The customer received a severe
facial laceration and is suing Right on Target.
b.
Carl is required by state law to provide workers compensation coverage on his employees. An
employee injured his back while stacking boxes of ammunition. The employee would like to sue
Carl as a result of his injuries.
c.
A lawsuit was just filed against Right on Target by a candidate running for public office. The
candidate favors gun control legislation. She alleges that a Right on Target radio advertisement
slandered her.
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8. Although there are some variations in commercial umbrella liability policies, they do include a number
of common characteristics. First, commercial umbrella policies provide high limits of liability and
broad coverage in excess of underlying coverages. Second, the insured is required to carry minimum
underlying limits before an insurer will write a commercial umbrella policy. Third, the umbrella policy
covers some claims not covered by the underlying policies, after the insured pays a self-insured
retention. Fourth, the umbrella policy provides coverage for losses attributable to bodily injury and
property damage liability, personal injury, and advertising liability. Finally, there are some important
exclusions typically found in umbrella policies.
9. The major characteristics of physicians, surgeons, and dentists professional liability coverage include:
two insuring agreements with one for individual liability of each person and one that applies to group
liability, liability not restricted to accidental acts of the physician or surgeon, a maximum limit per
medical incident and an aggregate limit for each coverage, ability for the insurer to settle the claim
without the physicians or surgeons consent, and an extended reporting endorsement that can be
added. Its important to remember that professional liability insurance is not a substitute for other
necessary liability coverages.
10. Errors and omissions insurance provides protection against losses incurred as a result of some negligent
act, error, or omission by the insured. A wide range of professionals need the protection provided by
errors and omissions insurance. Some examples include lawyers, accountants, employee benefit
managers, insurance agents and brokers, and architects.
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10. (c) Both statements are true. Claims-made coverage reduces long-tail claims, thus premiums, losses,
and loss reserves are more easily estimated. The injury need not occur during the policy period
for coverage to apply. For coverage to apply, the injury must occur after the retroactive date and
must be reported during the present policy term.
True/False
1. T
2. F Coverage B of the commercial general liability policy provides coverage for personal and
advertising injury liability.
3. F Many current medical malpractice forms permit the insurer to settle a claim without the medical
professionals consent.
4. F The underlying coverage pays first. If the underlying coverage limit is exhausted, then the
umbrella policy will respond on an excess basis.
5. T
6. F Employers liability insurance is needed for a variety of reasons. For example, an injury or disease
that occurs on the job may not be considered work-related. Employer liability insurance also responds
in a variety of other situations.
7. T
8. T
9. F Occupational disease is covered under workers compensation insurance.
10. F Product recall expenses are specifically excluded from coverage under the commercial general
liability insurance form. This coverage can be added through an endorsement.
11. T
12. F Garage owners purchase garagekeepers insurance to provide this liability coverage.
Case Applications
Case 1
a.
This claim would be covered under the business auto coverage, provided the appropriate coverage
had been purchased and the delivery vehicle is an insured vehicle. The commercial general liability
form excludes liability arising from vehicles.
b.
As the injury developed out of and in the course of employment, workers compensation coverage
would respond to the claim.
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c.
Based on the facts presented, it appears that either the window was defective, or the installation of the
window was faulty. This loss would be covered under the general liability policy as either a product
liability claim or as a completed operations claim.
d.
As this claim involves a former employee, workers compensation insurance does not apply and the
former employee has the right to sue Kimball Manufacturing. The companys general liability
coverage will respond to this premises liability claim.
Case 2
a.
The businessowners policy (BOP) provides coverage for bodily injury liability claims, so this claim
would be covered.
b.
The BOP excludes workers compensation claims, so there is no coverage for this claim under the BOP.
Carl may be self insuring the workers compensation exposure or may have purchased workers
compensation insurance which would respond.
c.
This claim would be covered under the BOP. The BOP provides coverage for advertising liability
and personal injury.