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Commercial General Liability Exclusions j. (5) and j. (6) Are Not the Same

Denial of Commercial General Liability Coverage (CGL) coverage for certain types of property damage claims made against contractors or other repair or service business frequently cite exclusions j. (5) and j. (6), or as Randy Maniloff1  has named these exclusions, the “double js.” Put another way, these exclusions are appropriately labeled “double js” because if an insurer is citing one “j.”, it will almost always cite the other “j.” as a basis for a coverage denial.   The problem with lumping together of exclusion j. (5) and j. (6), which is the most prevalent when the property damage being claimed is… Read More »Commercial General Liability Exclusions j. (5) and j. (6) Are Not the Same

Law Enforcement Liability Solutions for Cities and Counties

Law Enforcement Liability Solutions for Cities and CountiesWith their police personnel protecting the public, local cities and counties need to effectively manage risks associated with law enforcement activity. As part of an extensive program, our Public Sector Services has both law enforcement liability insurance coverage and the right risk control capabilities to assist.

Coverage
Our law enforcement liability product provides coverage for bodily injury, personal injury or property damage that is caused by a wrongful act committed while conducting law enforcement activities or operations. Key features include:Read More »Law Enforcement Liability Solutions for Cities and Counties

You’ve Been Served, Brazoria County, TX

The Texas Supreme Court has determined that a lawsuit filed against a “governmental unit” within six months of an incident can be regarded as sufficient notice under the Texas Tort Claims Act. The high court’s ruling reverses the dismissal by the Court of Appeals for the 14th District of Texas of a suit against a Texas county. The case was remanded back to the trial court. In Glenn Colquitt v. Brazoria County, NO. 09-0369, the Texas Supreme Court found that because all of the pertinent details that are required in notice to a governmental unit in Texas when filing a claim… Read More »You’ve Been Served, Brazoria County, TX

Is Your Insurance Company Double Taxed in California?

Did you pay 3% surplus lines tax and 0.25% filing fee for your policy with a company that is Non-Admitted in California? Well, certainly, you did! Would you like to pay 2.35% section 28 tax? According to a California Court of Appeal decision, surplus line insurers should not be subject to California Constitution Section 28 taxes to the state, since these nonadmitted insurers already pay surplus line premium taxes. The conflict arose when Stephen Silvers and Steven Gold (S&G) filed a complaint, alleging that surplus line insurer Lexington Insurance Co. had failed to pay Section 28 taxes, and sought the court’s… Read More »Is Your Insurance Company Double Taxed in California?

Insurance Cancellation Fees Must Be Disclosed in Calif.

Insurers in California will now be required to disclose cancellation penalties —prior to or concurrent with an application for insurance — thanks to legislation recently signed by Gov. Arnold Schwarzenegger. Previously, the law stated that an insured was entitled to return of his or her premium if the policy is canceled, rejected, surrendered or rescinded. But the new law, AB 2404, which takes effect Jan. 1, 2012, would require that any insurance policy that includes a provision to refund a premium other than on a pro rata basis, including the assessment and cancellation fees, disclose that fact in writing, including… Read More »Insurance Cancellation Fees Must Be Disclosed in Calif.

Ban of Texting While Driving Didn’t Reduce Crashes

As for me – it’s too early to judge… As for me, it’s too complicated to prosecute. As far as I can see – people still use their cellphones while driving. They talk and text, and get in trouble. How many time have you noted someone, whose driving style was insulting least to say… and then you noticed that person was on the phone? Although, it’s believed that talking on speakerphone is okay and safer, still road hazards are there, waiting for us to happen. However, a study released Tuesday by the Highway Loss Data Institute found no reductions in… Read More »Ban of Texting While Driving Didn’t Reduce Crashes

When Citizens Can Bring Private Actions for Alleged Violations in Georgia

Georgia Gov. Sonny Perdue has signed into law a measure that clarifies when citizens can bring private actions for alleged violations of state regulatory law, a moved hailed by tort reform advocates. The Transparency in Lawsuits Protection Act, which the Republican governor signed into law on Wednesday, allows a private right to action only when the state legislation under which the suit is brought expressly allows such a suit. Previous Georgia law left the interpretation of a private right to sue to the courts. Tort reform advocates hailed the change. “Clarity and transparency in legislative intent is critical, especially when… Read More »When Citizens Can Bring Private Actions for Alleged Violations in Georgia