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28 Cards in this Set
- Front
- Back
commercial general liability coverage form |
coverage form commonly used for insuring an organization's premises and operations liability loss exposures and products and completed operations liability loss exposures |
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bodily injurty |
physical injury to a person, including sickness, disease, and death |
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property damage |
physical injury to, destruction of, or loss of use of tangible property |
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occurrence |
an accident, including continuous or repeated exposure to substantially the same general harmful conditions |
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what are the conditions and provisions in coverage a of occurrence version of the cgl |
- insd legally obligated to pay damages - damages result from bi or pd - policy must apply to bi or pd - bi or pd must be caused by occurrence - occurrence must take place in cov territory - bi or pd must occur during policy period - before pol period began, bi or pd must not have been known by ni |
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what is the difference between 'you' and 'the insured' under the cgl coverage form |
'you' is the named insd shown in the dec pages and 'the insured' is either the named insd or any other person or org that qualifies under the def of insd |
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explain the intent of the cgl policy to pay only for damages that the insd is legally obligated to pay |
policy does not cover all legal obligations to pay damages; it covers only the kind of obligations that are within the scope of the insuring agreement and not excluded elsewhere |
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how does cgl def of pd treat electronic data |
electronic data is intangible property. no coverage |
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for cgl, what is distintion btwn bi resulting from intentional act of insd and bi intentionally caused by insd |
cgl excludes bi and pd intentionally caused by insd. |
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coverage territory for cgl coverage form |
united states, puerto rico, and canada |
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coverage trigger for cov a of occurrence version of the cgl cov form |
trigger is occurrence for bi or pd during policy period. |
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meaning of policy wording known as montrose lanfuage as it applies to cgl occurrence |
occurrence version of cgl cov contains wording aimed at eliminating cov for bi or pd that was known by insd to have occurred in whole or in part of policy inception date. |
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for cgl, what are various ways in which courts interpret the insurer duty to defend |
- based on allegations in plaintiff complaint - sometimes more than allegations and considered facts, reasonable expectation of plaintiff or both - if at least one of claimant's allegations would be covered |
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host liquor liability coverage |
coverage for a person or organization that serves alcoholic beverages to others but is not in the alcoholic beverage business; covers the insd host against liability for accidents caused by persons who become intoxicated as a result of the insd serving of alcoholic beverage |
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how can exclusion provide cov |
1 coverage can be provided through exceptions to exclusions 2. coverage can also be provided by endorsement that modifies exclusion |
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exclusion for expected or intended injury and the exception
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defines a type of loss that is exluded bc the bi or pd was expected or intended from insd's standpoint. there is an exception for bi resulging from the use of reasonable force to protect persons or proprty |
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employers liability exclusion and its exceptions |
employer liability applies if insd is liable for an injury to an employee in a capacity other than that of employer. exception is for liab assumed b the insd under the insd contract |
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pollution exclusion and scope of coverage provided by the exception to the exclusion |
eliminates cov for most pollution exposure with 2 exceptions, which narrow scope of time and place; 1. cov provided for bi caused by smoke, fumes, vapor or soot emanating from cooling, heating, or dehum equipment 2. cov is provided for bi or pd if the insd is a contractor of owner of the premisesof which insd conducts business |
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purpose for aircraft, auto, or watercraft |
primarily to defer to other insurance forms that are more appropriate, particularly the comm auto cov forms |
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exclusion for injury or pd for work that was incorrectly performed and exception under the products completed operations hazard |
if works is not done correctly, coverage is excluded. exception is for pd in the products completed operations hazard. |
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3 requirements for bi and pd under products completed operations |
1. injury or damage must arise out of insd's product or work 2. injurty or damage must occur away from premises owned or rented by insd 3. product causing injury or damage must not be in the named insd's physical poseession when occurred |
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exclusion for damage to insd's work and its exception |
damage to work performed b y insd is excluded. exception is for work performed by subcontractor on behalf of insd wonce work is completed |
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exclusion for damage to impaired property or property not physically injured and the exception to this exclusion |
property that is impaired bc of defect in the insd's product is excluded. cgl defines 'impaired property' as tangible property that cannot be used or less useful bc it includes an insd defective product |
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purpose of workers compensation exclusion |
purpose of exclusion for liability of insd under workers comp is to eliminate duplications btwn cgl and workers comp policy |
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does war exclusion apply to acts of terrorism |
war exclusion does not apply to acts of terrorism. coverage is provided for many commercial loss exposures through the terrorism risk insurance act = tria |
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purpose of exclusion for bi arising out of personal and advertising injury in cov a |
purpose of the exclusion is to eliminate duplicate cov a for bi that result from an offence covered under cov b - personal and advertising injury |
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purpose of electronic data exclusion |
electronic datat exclusion was added to reinforce the definition that electronic data is not considered tangible property and does not meet the definition of pd
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fire legal liability coverage exception |
seperate limit of insurance that is specified in the pol limit section for this cov. whether or not a tenant agrees to indemnify landlord for fire damage, cgl covers legal liabilty for fire |