general liability coverage issues and solutions september 17, 2014

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General Liability Coverage Issues and Solutions September 17, 2014

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Page 1: General Liability Coverage Issues and Solutions September 17, 2014

General Liability

Coverage Issues and Solutions

September 17, 2014

Page 2: General Liability Coverage Issues and Solutions September 17, 2014

SpeakersPam Ferrandino

Executive Vice President

National Practice Leader Casualty, Placement

Willis NA

[email protected]

212-915-7928

Jim Hensley

Regional Practice Leader Claims

Willis NA

[email protected]

303-765-1593

Steven Sachs

Executive Vice President

Director of Real Estate and Hotel Practice

Willis NA

[email protected]

(410) 584-8935

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Page 3: General Liability Coverage Issues and Solutions September 17, 2014

Session Objectives

Identify potential issues

Provide possible solutions• Risk management actions• Additional coverage endorsements• Coverage modifications

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Page 4: General Liability Coverage Issues and Solutions September 17, 2014

What to Take Away

Strategies for internal discussions with legal

A better understanding as to impact of ISO 2013 changes

Identification of other GL coverage issues to be addressed contractually Confirming the UW and Claims are on the same

page Policy Workshop with internal team and your

broker is good risk management

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Page 5: General Liability Coverage Issues and Solutions September 17, 2014

Indemnity Agreements Anti- Indemnity Statutes

• Limited, Intermediate, Broad

• Anti-Indemnity Legislation/History

• Jurisdictional Differences

• Additional Insured Clause

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Page 6: General Liability Coverage Issues and Solutions September 17, 2014

Indemnity AgreementsPERMISSIBLE INDEMNITY UNDER CONSTRUCTION

ANTI-INDEMNITY STATUTES

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Concurrent Negligence

AlaskaArizona*ArkansasGeorgiaHawaiiIdahoIndiana*MarylandMassachusettsMichigan

New JerseyPennsylvania*South CarolinaSouth Dakota*TennesseeUtahVirginiaWashingtonWest Virginia

Indemnitor's Negligence Only

Arizona*California*ColoradoConnecticutDelawareFlorida*IllinoisIowaKansasKentuckyLouisianaMinnesotaMississippi

MissouriMontana*NebraskaNew HampshireNew MexicoNew YorkNorth CarolinaNorth DakotaOhioOklahomaOregonRhode IslandTexas*

Source: IRMI

Page 7: General Liability Coverage Issues and Solutions September 17, 2014

Additional Insured Endorsements – A History CG 2010 (11/85) “liability arising out of” Ongoing and Completed Operations 1993 Removal of Completed Operations

CG 2010 (10/01) and CG 2037 (10/01) Reinstated Completed Operations Achieve 11/85 coverage with two forms

CG 2010 (07/04) and CG 2037 (07/04) “Caused in Whole or in Part by”

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Page 8: General Liability Coverage Issues and Solutions September 17, 2014

2013 Substantive Changes

Limits coverage only “to the extent permitted by law”

Additional Insured coverage will not be broader than that to which the named insured is required by contract to provide

The amount the insurer is required to pay out is limited to the lesser of the limits of insurance or the amount required by contract

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Page 9: General Liability Coverage Issues and Solutions September 17, 2014

Other Additional Insured Endorsement Changes

CG 2038 (04/13) Owners, Lessees or Contractors

CG 2001 (04/13) Primary and Non-Contributory

“TAKE AWAYS” Compliance Outcomes Consistent with Intent Future of Anti-Indemnity

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Page 10: General Liability Coverage Issues and Solutions September 17, 2014

Vendors and Service Contracts

Indemnification

Completed operations

Limits

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Page 11: General Liability Coverage Issues and Solutions September 17, 2014

Property Damage Exclusion for Real Estate Property

Managed CG 22 70

This insurance does not apply to "property damage" to property you operate or manage or as to which you act as agent for the collection of rents or in any other supervisory capacity.

With respect to your liability arising out of your management of property for which you are acting as real estate manager this insurance is excess over any other valid and collectible insurance available to you.

Waiver of Subrogation

Legal Liability (CP 00 40)

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Page 12: General Liability Coverage Issues and Solutions September 17, 2014

Hotel Management Agreements

Manager should be an additional named insured if owner purchases insurance

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Page 13: General Liability Coverage Issues and Solutions September 17, 2014

Financial Services Endorsement

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CG 21 52 04 13

•“This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" resulting from the rendering of or the failure to render financial services by any insured to others. For the purpose of this exclusion, financial services include but are not limited to: “

• Financial Services is “undefined”?

• Solution – Don’t Accept

Page 14: General Liability Coverage Issues and Solutions September 17, 2014

Cyber Endorsements/Languag

e“Internet of Things” – Malicious Refrigerator Hacking

ISO CG 21 06 05 14

• Electronic Data Liability – Give Back

• Definition of Bodily Injury

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Page 15: General Liability Coverage Issues and Solutions September 17, 2014

Summary

Evolving Risks

Policy Workshops

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Page 16: General Liability Coverage Issues and Solutions September 17, 2014

Questions?

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