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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

bodily injurty

physical injury to a person, including sickness, disease, and death

property damage

physical injury to, destruction of, or loss of use of tangible property

occurrence

an accident, including continuous or repeated exposure to substantially the same general harmful conditions

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

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

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

how does cgl def of pd treat electronic data

electronic data is intangible property. no coverage

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.

coverage territory for cgl coverage form

united states, puerto rico, and canada

coverage trigger for cov a of occurrence version of the cgl cov form

trigger is occurrence for bi or pd during policy period.

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.

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

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

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

exclusion for expected or intended injury and the exception

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

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

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

purpose for aircraft, auto, or watercraft

primarily to defer to other insurance forms that are more appropriate, particularly the comm auto cov forms

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.

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

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

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

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

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

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

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

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