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Terminology

CGL Independent Contractor Exclusion

Many insurance policies include the following standard provision: “This insurance does not apply to bodily injury, property damage, personal injury, advertising injury, or medical payments for operations performed for you by independent contractors or your acts or omissions in connection with your general supervision of such operations” (exclusion). Relying on this exclusion, your insurer may deny coverage for injuries sustained by subcontractors and decline to defend you in the underlying litigation or personal injury suit. A Massachusetts court recently ruled in favor of insurer Lloyd’s in a dispute over a general liability policy excluding coverage for independent contractors. The case is No.… Read More »CGL Independent Contractor Exclusion

California Signs Electronic Proof Of Insurance Bill

Yes! It happens right now. We witness a great moment of the history! Gov. Jerry Brown made California the seventh state in the nation to allow drivers to show proof of insurance coverage using their smart phone. Brown on Friday signed Assembly Bill 1708, a bill authored by Assemblyman Gatto, which will give drivers the option to show proof of financial responsibility electronically using a mobile electronic device. “Governor Brown just brought proof of coverage into the 21st Century by signing AB 1708,” said Armand Feliciano, with the Association of California Insurance Companies. “California has long been known as ground zero… Read More »California Signs Electronic Proof Of Insurance Bill

What is “Manifestation Provision” in Insurance Policy Means

The “first manifestation” provision may significantly modify or deviate from the most recent ISO Commercial General Liability policy form, CG 00 01 12/07, commonly referred to as an “occurrence” form. The principle difference between the ISO “occurrence” form and a manifestation form is what is being referred to as “trigger of coverage.” The trigger of coverage is the event or circumstances that activate the insurer’s defense and indemnity obligations under the policy. According to ISO rules the standard ISO form is intended to provide coverage for an injury that occurs during the policy period, regardless of when the injury becomes… Read More »What is “Manifestation Provision” in Insurance Policy Means

What “Sunset clauses” in Insurance Policy Means?

The idea of limiting the reporting period for claims is old and relatively self-explanatory. You, as insured have a limited period in which to report a claim potentially covered under your liability policy. Any claim reported after a certain period of time may not be covered. The amount of time a claim may be reported differs between policies and carriers. The operative language is typically attached to a policy as an endorsement. However, a new “statutes of repose” related to residential construction defects was announced recently. These relatively new statutes, that took effect Jan. 1, 2003, provide the time in which… Read More »What “Sunset clauses” in Insurance Policy Means?

Laws Regarding the Recording of Phone Calls

Many businesses and other organizations record their phone calls so that they can document business transactions, train their employees, and improve customer service. It is extremely important to seek legal advice from an attorney if you are considering recording telephone calls or oral communication between parties. This article is not meant to serve as legal advice. However, we want to remind that there are federal and state laws regarding this practice. Florida, for example, is a “two-party consent” state, which requires that all parties of a conversation must give consent when one party wants to record a phone conversation. This includes the… Read More »Laws Regarding the Recording of Phone Calls

What is Loan Gap Coverage

When a financed vehicle is declared a total loss and your insured’s outstanding loan balance is greater than the actual cost value of the vehicle, an insurance carrier will pay the difference between the outstanding loan balance and the actual cash value of the vehicle. Who Benefits Most:  An owner of the financed vehicle. Claim Scenario:  Like many small business owners, Jane financed the Ford F350 truck she uses for her gardening business. Just a year after purchase, her employee totaled the vehicle on the highway between customer sites. Due to the steep depreciation in vehicle value, particularly in the first year of ownership, the truck was worth less than the… Read More »What is Loan Gap Coverage

Risk Control: Fire Safety Plan

Introduction

The development of a Fire Safety Plan (hereinafter referred to as the “Plan”) will help ensure the optimum use fire prevention and life safety features installed in a building. The complete plan will reflect all the resources available to the building occupants and identify the basic measures that will aid in an orderly and safe evacuation all occupants in an emergency. An effective Plan that enhances the life safety of staff and building occupants requires:
• a commitment by building management and staff to the safety of occupants;
• knowledge of the building and its fire safety protection equipment by supervisory staff;
• a clear understanding by supervisory staff of the fire safety procedures in the Plan and how to implement properly; and
• the cooperation and education of building occupants.

The following information discusses the preparation and implementation of a Fire Safety Plan.Read More »Risk Control: Fire Safety Plan

LOSS CONTROL & BACKGROUND CHECKS

     Inadequate due diligence and negligent hiring practices in the home health sector harms not only an organization, but its patients, as well. Indeed, poor hiring can be cited as a contributing factor in the rise of lawsuits, medical malpractice claims and multi-million dollar settlements. Employers in the home health care industry need to obtain a thorough understanding of a prospective employee’s history, particularly if that person will have access to patients, medications and confidential information. Moreover, liability for negligent hiring and retention can occur if the home health care organization fails to conduct a comprehensive background check on… Read More »LOSS CONTROL & BACKGROUND CHECKS

Insuring Cloud Computing

While cloud computing may seem vague and confusing, the National Institute of Standards and Technologies recently completed a working definition for the term after years of work and 15 drafts. So what is Cloud Computing? According to the official NIST definition, “cloud computing is a model for enabling ubiquitous, convenient, on-demand network access to a shared pool of configurable computing resources (e.g., networks, servers, storage, applications and services) that can be rapidly provisioned and released with minimal management effort or service provider interaction”, with the following 5 characteristics: • On-demand self-service • Broad network access • Resource pooling • Rapid… Read More »Insuring Cloud Computing

New Enhancements to Real Estate E&O Program

We are proud to announce that we’re now offering an exclusive Real Estate Errors and Omissions Liability protection. Easy Way to Quote and Bind Online We offer an advanced and intuitive online application that allows to facilitate the quotation, binding and policy issuance process for our customers. For qualified applicants, a quote and policy may be processed in minutes. Coverage Features We’re confident that our program will bring you superior underwriting and service. That said, the policy’s coverage will remain packed with coveted features and include 2 free hours of access to a toll-free, confidential risk management hotline and, for qualifying risks, new coverage… Read More »New Enhancements to Real Estate E&O Program