Coverage B - Personal and Advertising Injury Liability

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Presentation transcript:

Coverage B - Personal and Advertising Injury Liability Personal Injury False arrest Malicious prosecution Wrongful eviction or entry Slander and libel Violation of right of privacy Advertising Injury Slander or libel Violation of right of privacy Misappropriation of ideas Infringement of copyright, title or slogan

Coverage B Exclusions Apply to personal injury and advertising injury: If statement is known to be false If first publication took place before policy period Arising out of willful criminal act Assumed by contract Apply to advertising injury only: Breach of contract Failure of product to conform with advertised quality Wrong description of price Committed by insured whose business is advertising, broadcasting, publication or telecasting

Coverage C - Medical Payments Pays medical expenses of anyone injured on or on ways next to premises or off premises if caused by insured’s operations Liability not required Exclusions: Insureds Employees or contractors Anyone in part of premises they normally occupy Anyone entitled to collect workers compensation A person injured while taking part in athletics

Who is an Insured in the CGL Policy? Named insured Family members, partners, officers and directors Employees of named insured Acting within scope of employment Co-employee exclusion Medical professional liability exclusion Property owned, occupied or used exclusion Real estate managers Legal representatives Operators of mobile equipment Newly acquired or formed organizations Unnamed partnerships or joint ventures not covered

Limits of Insurance General Aggregate Limit Most insurer will pay in total for: Coverage A except products-completed operations Coverage B and Coverage C Products-Completed Operations Aggregate Each Occurrence Limit Coverage A and Coverage C Personal and Advertising Injury Limit Fire Damage Limit Medical Expense Limit Coverage C - per person

Triggers Occurrence Bodily injury or property damage must occur during the policy period Claims-Made Claim must be first made during the policy period or extended reporting period Injury or damage must not have occurred before the policy’s retroactive date (if any) or after the end of the policy period

Extended Reporting Periods Basic Extended Reporting Period (BERP) Automatic if policy is canceled or not renewed Renewal has later retroactive date or is occurrence policy Covers claims reported within 5 years if occurrence reported within 60 days of end of policy period Supplemental Extended Reporting Period (SERP) Must be purchased within 60 days of end of policy period Extends reporting period for unknown occurrences indefinitely and for known occurrences if claim develops after 5 years Cost can be up to 200% of policy premium Reinstates policy aggregate limits

Claims-Made Examples Policy Effective 1/1/93-12/31/93 Retroactive Date 1/1/93 Premium $40,000 Policy Limits $500,000 per occurrence $500,000 aggregate Policy not renewed No new policy is available Insured purchases SERP for $80,000 in January 1994

Customer injured on 7/10/93 Claim filed 2/15/94 Claim settled for $200,000 on 6/14/95 $200,000 covered under BERP Customer injured on 8/15/93 Incident reported to insurer on 12/18/93 Claim filed 6/10/97 Claim settled for $400,000 on 2/28/99 $300,000 covered under BERP Customer injured on 5/1/93 Incident not known by insured until claim filed on 8/1/99 Claim settled for $700,000 on 3/10/02 $500,000 covered under SERP

Additional CGL Provisions Exclusion of specific accidents, products, work or locations Laser beam endorsement Special claims-made conditions Notice of an occurrence is not notice of a claim Coverage is excess over occurrence policy with earlier effective date Insured’s right to claim information Claims-made versus occurrence premiums