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A
Auto
In the Commercial General Liability coverage part, an auto includes
motorized vehicles meant to be used on public roads, but not certain
specifically defined mobile equipment.
Avoidable
Consequences
Consequences that are caused by lack of care on the part of an
individual, and that could have been avoided had the individual
exercised proper care. Generally refers to events that occur
following a loss as the result of a person’s failure to take steps
to prevent the consequences.
Accident
An unforeseen, unintended and expected event.
Accounts
receivable insurance
Insurance against loss of revenue that cannot be collected because
accounts receivable records are destroyed by an insured peril.
Coverage commonly includes any extra expense to recapture records
and payment of interest on loans needed to cover the interim period
reduction in collections. An insured’s keeping duplicate records in
safe storage off premises is a highly recommended risk reduction
technique—and the cost of coverage is considerably reduced thereby.
Insurance may be arranged to cover electronic records as well as
paper.
Actual cash
value (ACV)
A method for placing value on property as of the time of its loss or
damage. ACV may be determined by market value (the current price for
a like item in the same general condition) or replacement cost new
less use depreciation (the cost of the same item brand new minus the
insured’s contribution to pay for the added life expectancy of the
property new property). The insured may generally select whichever
method is more favorable. Contrast with replacement cost.
Additional
insured
One who qualifies as "insured" under the terms of a policy even
though not named as insured. Officers of a corporation may be
included as insureds under the terms of a policy written in the name
of the corporation.
Additional
living expense insurance
This coverage, found in the broad and special dwelling and
homeowners forms, applies to extra expenses necessitated by the
insured’s inability to reside in the insured dwelling because of a
covered loss—for example, restaurant meals and hotel bills. The
amount is the difference between normal household expenses and the
increase.
Adjuster
A person may act either on behalf of the insurance company or the
insured in the settling a claim. Independent adjusters represent the
insurance company on a fee basis; public adjusters represent the
insured on a fee basis.
Admitted
company
An insurance company that is licensed (admitted) to conduct business
within a given state.
Admitted
market
The range of insurance available through admitted companies.
Advance
premium
Relates to a policy premium that cannot be precisely determined
until the end of the term. The advance premium, also called "deposit
premium," is a down payment on what will be final premium.
Adverse
selection
The idea that the greater the likelihood of loss, the more
attractive the idea of buying insurance to cover that loss becomes.
Advertising
injury
Claim arising out of slander, libel, copyright infringement, or
misappropriation of advertising ideas. Coverage is provided as part
of coverage B of the commercial general liability policy.
Agent
The term used for one person acting on behalf of another in an
insurance transaction.
Aggregate
limit
The maximum amount an insurer will pay under a policy in any one
policy period.
Anniversary
date
The anniversary of the original date of issue of a policy as shown
in the declarations.
Annual
aggregate deductible
A deductible applied annually to the total amount paid in claims
during a policy period. Claims are generally subject to a
per-occurrence deductible; the aggregate is the limit beyond which
no further deductibles are applied.
Arson
The intentional setting afire of property.
Assigned
risk
A risk that may not be generally acceptable to any insurance company
but for which the law says that insurance must be acquired. Personal
auto liability is one such necessary coverage. Insurance companies
doing personal auto business in a state can be required to accept
assignment of a portion of the state’s unacceptable drivers as
insureds.
Automobile
liability insurance
Insurance in which the insurer agrees to pay all sums for which the
insured is legally obligated because of bodily injury or property
damage arising from the ownership, maintenance, or use of an auto.
Automobile
medical payments
Insurance applying to the medical, hospital, or funeral expenses of
anyone injured while on or in an insured automobile. The coverage is
not dependent on liability, being triggered simply by an accident.
It may be included in either the Business Auto Policy or the
Personal Auto Policy.
B
Bodily Injury
In Commercial General Liability insurance, refers to injuries to a
person, as well as sickness, disease and death.
Basic named
perils
Covered perils in a property insurance contract: fire, lightning,
windstorm, civil commotion, smoke, hail, aircraft, vehicles,
explosions and riot.
Binder
An insurer’s agreement, by way of an agent, to provide non-life
insurance on the spot, pending issuance of the policy contract.
Blanket
coverage
A means of insuring various items of property under one limit of
liability.
Blanket
insurance
Insurance covering multiple items of property as a group. Covered
property may be at one location or several.
Bodily
injury
A term that refers to physical injury, sickness, or disease, or
death resulting from bodily injury. In some jurisdictions "bodily
injury: includes emotional injury.
Bodily
injury liability
Legal obligation that flows from the injury or death of another
person. This insurance is commonly limited to bodily injury
liability derived by the way of negligence, but coverage of
liability by way of contract (holding another harmless) is also
possible.
Boiler &
machinery insurance
Fired vessels, steam generators, mechanical and or electrical
objects and turbines, are all examples of "objects" that might be
listed for coverage under a boiler and machinery policy. Coverage is
for damage to covered property caused by an accident to an object
identified in the policy’s schedule. Coverage includes extra
expense, automatic 90-day coverage at new locations, defense against
liability claims, and supplementary payments like those provided
under public liability policies.
Bond
A document for expressing surety. A bond engages three entities; the
"surety" (bonding company) sells the bond to the "principal" for the
purpose of paying off the party the principal will owe to the "obligee"
upon failure of the "principal" to perform some act or provide some
service under agreed terms.
Bond,
surety
A surety bond is the financial assumption of responsibility by one
or more persons for fulfilling another’s obligations.
Broad form
perils
A property insurance designation for coverage that extends beyond
the basic named perils.
Broker
One who acts as the insured’s agent in arranging insurance. A broker
may also serve an the agent of an insurance company.
Builders
risk insurance
A variation of property coverage specifically applicable to
construction projects. It is commonly written in an amount to cover
the value of the structure when completed. The premium charged takes
into account that values at risk increase gradually over the term of
the policy.
Business
Auto Policy (BAP)
A standardized contract for writing liability and property coverage
on commercial autos.
Business
income coverage
Insurance protecting the income derived from an insured’s business
activities when curtailed peril. Coverage includes reasonable extra
the insured undertakes to expedite return to business operations.
Business
personal property
A tern relating to "contents" of a commercial enterprise, it may
include furniture, fixtures, machinery and equipment as well as
stock, all other chattels owned by the insured, and even use
interest in building improvements and betterments.
Business
Owners policy (BOP)
A package of property and liability insurance for small and medium
size businesses, the BOP owes its origin to the success of the
homeowners policy.
C
Cancellation;
flat, pro rata, or short rate
In a flat cancellation the full premium is returned to the insured.
A pro rata cancellation means the insurer has charged for the time
the coverage was in force. Short rate cancellation entails a penalty
in excess of pro rata for early termination. The Cancellation and
Non-Renewal Condition states the circumstances under which a policy
may be terminated. The reasons for cancellation, the time notices
required, the procedures to be followed, and the computation of
return premium will all be outlined for your use. After having read
the Condition you should view the State Amendatory Endorsement
regarding policy termination. Here you may find that important parts
of the Policy Condition have been deleted or expanded to be brought
in line with specific state insurance code. You must read both the
policy condition and the Amendatory Endorsement to have a clear
understanding of your rights and obligations.
Cargo
insurance
An inland marine or ocean marine policy covering cargo in the care,
custody, or control of the carrier.
Casualty
insurance
The type of insurance concerned with legal liability for losses
caused by bodily injury to others or physical damage to property of
others.
Certificate
of insurance
A written description of insurance in effect as of the date and time
of the certificate. The certificate does not ordinarily confer any
rights on the holder, i.e., the issuing insurer does not promise to
inform the holder of change in or cancellation of coverage.
Claim
A representative
policy definition of Claim is a demand for money upon the insured,
including service of suit, or institution of arbitration proceedings
against any insured. However, depending on the policy the "Demand"
may be defined as written or verbal or may simply be the insured’s
knowledge of an incident or circumstance that may lead to a claim.
In the latter case insured’s may be reluctant to report an incident
to their carrier fearing a increase in premium or a non-renewal of
their policy. However, in my opinion it is better to put your
carrier on notice, than have your coverage put in question over a
matter you will have to report in any case the next time you fill
out an application.
Claims-made
coverage
The claims made policy is the vehicle by which nearly all
professional liability insurance is made available. A type of public
liability insurance that responds only to claims for injury or
damage that are brought (to the insurer) during the policy period
(or during a designated extended reporting period beyond
expiration). Coverage must be in force not only when the claim is
made but also when the alleged act, error or omission that results
in a claim occurred, or there is no coverage. The development was in
response to "long tail" claims, such as those related to asbestosis
injury, carrying over many years and multiple layers of coverage
limits. However, most public liability policies are written on an
"occurrence" basis, covering injury or damage occurring during the
policy period even if a claim is brought months or even years later.
Coinsurance
clause
"Coinsurance" refers to the bargain between commercial property
owners and the insurance industry. The clause in property policies
encourages the property owner to gauge coverage needs by possible,
not probable, maximum loss. With $1 million at risk but a probable
maximum loss of $100,000, for example, the property owner would
probably buy $100,000 insurance and bank on avoiding the larger
disaster. The bargain offered by the insurance industry is a reduced
rate per $100 of coverage if the owner agrees to buy coverage at a
specified relation (80% commonly) to value (to possible maximum loss
in other words). If the insured accepts the bargain but events prove
the amount of insurance is inadequate to the stated coinsurance
percentage, the insured becomes "co-insurer" in the same ratio as
the amount of insurance bears to the amount that should have been
carried.
Collapse
A property insurance peril, subject to its own specific agreement in
commercial property policies, which otherwise insure on an open
perils basis.
Combined
Single Limit (CSL)
Liability policies commonly offer separate limits that apply to
bodily injury claims for property damage. "50/100/25" is shorthand
under such a policy for $50,00 per person/$100,000 per accident for
bodily injury claims and $25,000 for property damage. A combined
single limits policy might cover for $100,000 per covered occurrence
whether bodily injury or property damage, one person or many.
Commercial
General Liability (CGL)
The CGL policy is an ISO form, widely used to provide commercial
enterprises with premises and operations liability coverage,
products and completed operations insurance and personal injury
coverage. Premises medical payments coverage is often included as
well.
Commercial
lines
A distinction marking property and liability coverage written for
business or entrepreneurial interests as opposed to personal lines.
Commissioner of Insurance
The official in a state (or territory) responsible for administering
insurance regulation: sometimes called the Superintended of
Insurance.
Compensatory damages
The award, usually monetary, that is intended to compensate the
claimant for injury sustained.
Comprehensive physical damage (automobile)
Auto insurance covering physical damage except collision.
Contractors
equipment floater
Coverage designed for the special needs of contractors to insure
their machinery and other equipment.
Contractual
liability
Liability that does not arise by the way of negligence but by
assumption under contract. For example, in certain leases, a tenant
may assume a landlord’s liability to others unsafe conditions on the
premises. Some such assumptions are covered automatically under the
Commercial General Liability form.
Contributory negligence
A defense to a negligence action in which it is asserted that the
claimant failed to meet the standard required for his or her own
protection, and that the failure contributed to the loss.
Covered
Defense Costs
- Fees charged by legal counsel designated by the insurance carrier
and other authorized fees, costs and expenses to investigate,
adjust, defend or appeal of the claim against the insured.
Covered
loss
An accident, including accidental damage by forces of nature, that
brings a contract of insurance into play.
Credit card
forgery
A criminal act involving the illegitimate of credit cards to obtain
goods or money. Limited coverage for such losses is automatically
provided in most homeowners policies.
Crop
Insurance
Insurance covering growing crops against hail, wind, and fire.
Protection against a broader range of perils can often be arranged
as well.
Claim
A demand to recover under an insurance policy for loss. In
Commercial General Liability insurance, a policy for loss. In
Commercial Liability insurance, the claim may be against the insured
by a third party under the insurance policy held by the insured. In
this case, claims are referred to the insurer to handle on behalf of
the insured in accordance with the term of the policy.
Claims-Made
Policy
In Commercial General Liability insurance, a policy that pays for
events occurring during a specified period and for which a claim is
made during the policy period, subject to stipulated limitations and
extensions.
Commercial
General Liability Insurance
A line of insurance available to commercial organizations and
providing coverage on behalf of insureds for sums they may be
legally required to pay to others as a result of the insured's
actions or negligence. May include coverage for bodily injury,
property damage, personal injury, advertising injury, medical
payments, and certain supplemental payments specified in the policy.
Commercial
Package Policy
The Insurance Services Office (ISO) commercial lines policy that
contains two or more lines of insurance or two or more coverage
parts. It will include some forms and/or endorsements that are
common to all lines of insurance or coverage parts, as well as the
individual forms and endorsements required for the individual
coverages selected. In order to quality the policy must include two
or more of these coverage parts: Commercial General Liability,
various other liability coverage parts, Commercial Property,
Commercial Crime, Commercial Inland Marine, Boiler and Machinery,
Farm or Commercial Auto. Individual insurers may have similar
commercial packages with different requirements.
Contract
A legal agreement between two or more parties. An insurance policy
is a contract.
Coverage
In insurance, the guarantee to pay for specific losses as provided
under the terms of the policy. Coverage means the same as protection
and is often used synonymously with the word "insurance."
D
Debris removal
clause
A consequential coverage commonly included in direct loss policies.
For example, fire policies limited recovery for the insured’s cost
of removing the debris after a covered fire. Not to be confused with
"removal."
Declaration
page
That part of a property or liability insurance policy that discloses
information pertinent to the coverage promised including names,
addresses, limits, locations, term, premium, forms, and so on. The
same information, perhaps in a shorthand version, is contained as
well in the daily.
Deductible
The part of the loss that is to be borne by the insured; it comes
off the top of any payment from the insurer. Deductibles generally
apply to both claim expenses and indemnity payments made by the
insurance company on behalf of the insured. It is hoped by the
insurance company that the presence of a deductible will induce a
positive effect on the loss prevention activities of the firm as it
would have to share in any loss with the carrier. On the other hand,
the insurer would not want to impose so large a deductible that the
insured would find it difficult to pay. A higher deductible also has
the effect of reducing the premium to the benefit of the insured.
Some carriers offer Aggregate Deductibles where there is a maximum
per policy year the insured will have to pay regardless of the
number of claims.
Defense and
Settlement Procedures
Within policy
limits the insurer generally has a duty to defend claims even if the
are "false, groundless or fraudulent." Any settlement or compromise
negotiated by the insurer and acceptable to the claimant generally
requires the consent of the insured. However, if the insured refuses
to accept the settlement recommended by the insurance carrier, the
insured is then generally responsible for any additional damages and
claim expenses in excess of the amount the insurer and claimant had
previously agreed upon. The selection of defense counsel is
generally made by the insurance carrier. However as a practical
matter, most carriers will consider the views of the insured
regarding choice of counsel.
Deposit
premium
When the price of insurance is tied to fluctuating values or costs
that cannot be known until the end of the policy period, inventory
or payroll are two common examples, a deposit or provisional premium
or estimated premium may be charged at the outset of a policy with
final adjustment to come at the end of the term.
Depreciation
A property ages and becomes worn it often loses value and that has
to be taken into account in any property insurance that covers loss
of actual cash value.
Driver
Other Car (DOC) endorsement
A business auto or garage policy endorsement providing coverage for
named individuals while driving non-owned autos in situations
related to the business of the insured.
E
Earned premium
The amount of policy premium that has been earned at any point in
time from inception of term to the end. A disproportionate amount
will have been "earned" during the early days of contract that is
subject to short rate cancellation.
Effective
date
The date shown in the declarations of policy upon which coverage is
to take effect.
Employee
dishonesty coverage
Insurance protecting employers from loss due to theft by their
employees.
Employers
liability insurance
A feature of standard workers compensation policies, this coverage
applies to liability that may be imposed on an employer outside the
provisions of a worker compensation law.
Employers
non-ownership liability
Employers who buy commercial auto coverage on a basis other than
"any auto" have this exposure whenever an employee uses his or her
own auto on the employer’s behalf.
Employment
practices liability
Coverage against allegations of illegal or discriminatory hiring
firing practices, sexual harassment of employees, an so on.
Endorsement
An amendment to a policy form.
Errors and
omissions coverage
A type of professional liability insurance protecting the insured
against claims alleging bodily injury or property damage caused by
the professional or technical incompetence of the insured.
Excess
insurance
Coverage that applies on top of underlying insurance that is
primary, i.e., that pays until its coverage limit is exhausted at
which point that excess coverage takes over.
Excess or
surplus lines market
The range of insurance available through non-admitted insurers,
i.e., insurance companies that are not licensed in a particular
state or territory. Specific provisions of state or territorial law
control placements.
Exclusions
- Exclusions are an important part of any insurance policy and often
determine the choice of one policy over another. Even when
exclusions deal with the same subject matter, the treatment may
differ significantly from one policy to the next. A number of other
exclusions on a broad range of topics will be found in any policy.
You should contact your agent or broker for underwriter
clarification should there be any question as to their application.
Experience
A record of losses.
Experience
modification
The rising or lowering of premiums under term of an experience
rating plan.
Extended
period of indemnity
A time of recovery of proved business income loss after physical
property is restored and business reopened. The 30-day extension of
business income forms may be extended by endorsement.
Extended
Reporting Period
The extended
reporting period, also known as tail coverage is available within
claims made forms and allows coverage for claims that are made after
the policy has expired. However the claim resulting incident must
have occurred before the policy expired. The policy limit available
for claims is not reinstated and is limited to the available
remaining limit.
Excess
Insurance
Insurance coverage that pays only after other insurance, called
primary insurance, has been exhausted.
Exclusion
Anything specifically stated in an insurance policy as not covered
by the policy.
F
Farm
owners-ranch owners policy
A "homeowners" type package policy adapted to include farm and ranch
exposures.
Fiduciary
liability insurance
The insurance covers claims arising from a breach of the
responsibilities or duties imposed on a benefit administrator, or a
negligent act, error, or omission of the administrator.
Fire
Combustion evidenced by a flame or glow. Insurance distinguishes
between a "hostile" fire (one out of bounds) and "friendly" fire
(such as that contained within the fire box of a stove).
Fire
department service charge
A fee that may be imposed by a fire department for responding to a
call. Most fire coverage agreements include indemnification
provisions for such eventualities.
Fire legal
liability
Public liability policies routinely exclude coverage for damage to
property in an insured’s care, custody, or control. This leaves a
big gap in a tenant’s coverage, a gap partially filled by an
exception in the commercial general liability policy that restores
limited coverage for fire damage to the landlord’s building. Perhaps
the best benefit of the exception is to call attention to the
exposure so arrangement can be made for broader coverage at
appropriate limits.
First named
insured
An insurance policy may have more than one party named as insured.
In such cases, the first named insured attends to policy
"housekeeping," i.e., pays premium, initiates (or receive notice of)
cancellation, or calls for interim changes in the contract. This is
spelled out in commercial policies in the "common policy
conditions."
Floater
An inland marine form covering movable property wherever located
within territorial limits.
Flood
insurance
Flood insurance, like earthquake coverage, is usually only of
interest to those relatively few whose property is exposed.
Consequently, losses among this small group will be high and
premiums can be prohibitive. However, in 1968 the Federal government
stepped in to help property owners in designated "flood plains" with
the National Flood Insurance Act of 1968. Coverage is not only
available, but may even be required to obtain financing for exposed
properties.
Fraud
The intentional perversion of the truth in order to mislead someone
into parting with something of value.
G
Gap
coverage
Insurance for a lessee designed to cover the difference in selling
price between a vehicle’s actual cash value, and the payout left on
a lease.
Garage
policy
One of the early package policies, it is written for automobile
dealers and may include liability for garage operations, automobile
operations, physical damage coverage on garage owned autos, bailees
coverage on customers cars, and auto and premises medical payments
coverage.
Garage
keepers liability
A bailee coverage applying to automobiles. Commonly included in
garage policies, it may be written to provide coverage for limited
perils or for comprehensive physical damage, with or without
collision damage coverage. Coverage may be expressed as covering the
legal liability of the garage keeper or amended to cover on a direct
basis, as primary insurance or excess.
Glass
insurance
Commercial property form that covers plate glass, glass signs,
lettering, etc.
H
Hired auto
A non-owned auto that may be borrowed as well as rented or leased by
the insured. Personal auto policy insureds are covered automatically
for hired autos, but business auto policy insureds may not be.
Hold
harmless agreement
A contractual assumption by one party of the liability exposure of
another. Lease agreements, for example, commonly require the tenant
to hold the landlord harmless for bodily injury to property damage
experienced by others on the premises.
Home Owners
insurance
An early and hugely successful example of "packaged" property and
liability insurance. A mid-twentieth century insurance development
was introduction of the so-called "multi-line era" in which insurers
became empowered to write both property and liability forms of
insurance, making way for the first packaging of these coverages
within a single policy.
I
Indemnity
A fundamental concept governing insurance: compensation for loss or
injury sustained.
Independent
agent
A "retailer" of insurance who, by contractual arrangement with a
number of insurance companies, sells, and services property and
liability insurance. The independent agent "owns" the policy
information and expiration dates of his client’s coverage and thus
controls renewals and their placement.
Inflation
guard endorsement
An endorsement attached to an insurance policy whereby the limits of
liability on a piece of property are increased on a regular basis by
a certain percentage in order to offset increasing building costs
associated with inflation.
Inland
marine insurance
Property insurance signaling broad coverage of properties exposed to
the transportation peril and those subject to being used or kept at
a location other than the insured’s customary premises. Eligible
property is identified in the so-called "Nationwide Definition of
Marine Insurance."
Insurable
risk
The exposure to significant, measurable accidental loss from
identifiable perils. The exposure, while not catastrophic, must be
shared by a sufficient number of potential insureds so that the cost
of loss for one can be measured and affordably shared throughout the
market.
Insurance
A mechanism whereby risk of financial loss is transferred from
individual, company, organization, or other entity to an insurance
company.
Insurance
policy
The document containing the contract between the insured and the
insurer which defines the right and duties of the contracting
parties.
Insured
Individuals and Entities
- The insured as defined in most policies is the Named. It is
generally extended to include any person or corporation who is or
was an owner, partner, officer, director, stockholder or employee,
but only for services rendered on behalf of the Named Insured.
Lastly, coverage is provided for the estate, heirs, executors,
administrators legal representatives of each Insured in the event of
death, incapacity, or bankruptcy but only to the extent that the
Insured would have been provided coverage by the policy.
J
K
L
Lapsed Coverage
Once a policy has
lapsed for any reason all policy coverage ends regardless of whether
or not coverage was in force at the time a claim triggering incident
occurred. If at a latter date a new policy is obtained it will be
difficult if not impossible to regain the lost prior acts coverage
from the new carrier because of the potential moral hazard.
Limits of
Insurance
The greatest amount of insurance a policy will provide; the amount
beyond which the insurer is no longer required to pay.
Loss
experience
What the loss history has been on a particular line or book of
business.
Loss
exposure
A set of circumstances presenting the possibility of loss, whether
or not the loss actually occurs.
M
Marine insurance
Insurance primarily concerned with transportation exposures and
property that is commonly moved around from place to place. The
field is divided between inland marine and ocean marine.
Mobile
Equipment
In the Commercial General Liability coverage forms, refers to
certain carefully and specifically described vehicles for use on
land. Some such vehicles are self-propelled while others are not.
Some are used only when attached to other vehicles or to provide
mobility to certain equipment. Some are intended for use on public
roads while others are not.
Medical
malpractice
Type of insurance protecting physicians, surgeons, nurses, and other
medical practitioners against claims alleging failure to perform.
Merit
rating
A form of auto rating in which an insured’s past experience as well
as anticipated experience is taken into account when arriving at a
rate.
Minimum
premium
An insurer’s lowest charge for an insurance policy.
Misrepresentation
Generally, misstatement of facts made on an application for
insurance. May also be misstatement of coverage made by an agent to
an insured.
Monoline
policy
An insurance policy covering one subject of insurance, as opposed to
a combination of multi-line policy.
N
Named insured
The party of parties specifically named as insured in the insurance
contract. Others may have claim on the coverage of a policy by way
of internal provisions, but any such right is by way of the
agreement between the named insured and the insurance company.
Named
insured
The individual or organization named in the declaration of an
insurance policy as the insured, as opposed to someone who may have
an interest in the coverage, but is not named in the policy.
Named
Perils
A formal and specific listing of perils covered in a policy
providing property insurance. A policy covering for damage by fire
is said to cover for "the named peril" of fire.
Non-owned
auto
This term signifies an auto that is neither owned, hired, nor
borrowed by the insured under a commercial auto policy. Employees’
cars used in company business are commonly classified this way. The
employer’s auto liability cover for use of non-owned autos is
covered by entry of symbol 1 ("any auto") or symbol 9 ("non-owned
autos") on the declaration page.
O
Occurrence
In general, an event that triggers coverage under any policy.
Specifically, an event that triggers coverage under an
occurrence-based liability policy. Such a policy covers injury or
damage that occurs during the policy period even if claim is brought
months or even years after the policy has expired.
Off
premises cover
Commercial property policies commonly established a small coverage
limit that applies to property temporarily away from the insured’s
place of business.
Occurrence
Policy
In Commercial General Liability insurance, a policy that pays for
events that occur during its policy term, regardless of when a claim
is filed. That is, an expired occurrence policy will pay a valid
claim even if the claim is made years later, provided that the event
occurred while the policy was in effect.
P
Package policy
Any combination of insuring agreements that combines property and
casualty coverages. Homeowners, business owners, and garage policies
are examples.
Peril
A potential cause of loss.
Personal
liability insurance
Insurance for individuals or members of a household offering
protection against claims by third parties. (outsiders) alleging
bodily injury or property damage due to negligence.
Personal
lines
Insurance covering the liability and property damage exposures of
private individuals and their households. Contrast with "commercial
lines."
Policy Limits
It important that
policy limits are adequate to cover both the cost of Defense and
Damages. In choosing a limit the insured must consider any number of
factors including size of firm, areas of practice, claims history,
case size, and any other circumstance that will help him determine
the maximum loss the firm may suffer in a worse case situation. Of
course, higher limits increase the policy premium. However, since
few claims rise to the level of maximum possible loss the extra
charge for higher limits is on a sliding scale and therefore
affordable. Policy limits are available on both a Single Limit and
on a Per Claim and Aggregate basis. The latter allows for multiple
claims up to a per claim limit that the insured has determined
adequate for any one claim, and is less expensive than choosing a
single limit to cover multiple claims, where no one claim exceeds
the per claim limit. In other words, a single limit of $3,000,000
would cost more than a per claim and aggregate limit of $1,000,000 /
$3,000,000 and would serve no better in the described example. One
final thought in choosing an adequate limit is that multiple claims
that result from a single or related group of incidents will be
considered as one claim under your policy.
Prior Acts
Date
Policies either
contain a Prior Acts Date or are designated as having Full Prior
Acts. The prior acts date is usually the same date from which
continuous coverage was first obtained by the current or predecessor
firm. Claims triggered by events occurring before this date are not
insured. If a firm changes insurance carriers, it is important that
the same prior acts date appears on the new policy. The Prior Acts
date is also referred to as Retroactive Date.
Professional Liability Insurance
- Insurance is provided, often in the form of a Claims Made Policy
that covers monetary loss and expense of an insured professional or
professional services firm for legal liability in the rendering of
professional services as defined by the policy. The policy also
generally includes coverage for claims of unintended personal
injury.
Products
and completed operations liability
The liability exposure of the manufacturer whose malfunctioning
products may cause injury or property damage or of the contractors
whose failed structures or projects may do the same. Coverage of the
exposure is a feature of the commercial general liability policy.
The insurance does not in any way constitute a guarantee of either
the insured’s product or work. Contrast with "premises and
operations liability.."
Professional liability
A form of errors and omissions insurance, (sometimes called
"malpractice" coverage of errors alleged against those in the
healing and legal professions). Arbitrarily it seems, "error and
omissions" is the term applied most often to insurance covering
liability for mistakes in matters affecting property, i.e., coverage
for "Insurance Agents E&O," "Architects E&O while "professional
liability" is used in reference to coverages such as "Druggists
Professional Liability," Physicians and Surgeons Professional
Liability," and "Lawyers Professional Liability."
Proximate
cause
That event which, in an unbroken sequence, results in direct
physical loss under an insurance policy. For example, wind is the
proximate cause of loss when a windstorm blows out a window that in
turn topples a lit candle that sets fire to a structure and burns it
down.
Pure risk
The only consideration is the possibility of loss. Contrast with
"speculative risk."
Products-Completed Operations Hazard
Refers to bodily injury and property damage that occur somewhere
other than the insured’s premises, and involve the insured’s
products or work, subject to the limitations and parameters
specified in the Commercial General Liability coverage forms.
Property
Damage
In the Commercial General Liability coverage forms, refers to
physical damage to tangible property and to loss of use tangible
property, whether or not physically damaged.
Q
R
Renters insurance
Term for insurance for the non-owner occupant of a dwelling or
apartment.
Retroactive
date
The date that defines the extent of coverage in time under
claims-made liability policies. Claims resulting from occurrences
prior to the policy’s stated retroactive date are excluded.
Risk
management
The process of handling pure risk by way of reduction, elimination,
or transfer of risk, with the latter commonly achieved through
insurance.
S
Schedule
List of items on a policy declaration, sometimes also showing
descriptions and values.
Special
form
In contrast to the named perils forms in property insurance, those
forms that list specific perils for coverage, the special form
contract covers simply risk of direct physical loss, relying on
exclusions to delimit an define the protection intended.
Split
limits
As in auto insurance, where rather than one liability amount
applying on a per-accident basis, separate amounts apply to bodily
injury and property damage liability.
T
U
Umbrella liability
A liability contract with high limits covering over top of primary
liability coverages and, subject to deductible, covering exposures
otherwise uninsured.
Underinsured motorists coverage
Coverage for the insured and passengers whenever the at-fault driver
in an accident has auto liability insurance with lesser limits than
the insured’s. This coverage lies atop "uninsured motorists
coverage" or atop the at-fault driver’s low limit automobile
liability insurance and provides the insured and passengers with
protection equal (usually) to the insured’s own automobile liability
cover.
Uninsurable
risk
An uninsurable risk is one which is literally uninsurable because
loss is certain rather than possible.
V
Vacant property
Once defined as devoid of occupants or contents, a stricter
definition is being applied as more and more communities find older
buildings of three and four stories that are only one quarter
occupied. Property policies impose limitations on coverage of
"vacant" building so that (changing) definition of vacant property
is quite important.
Vicarious
liability
The condition arising where one person is responsible for the
actions of another, as a parent is often held responsible for the
vandalism damage a minor child does to a school.
W
Waiver of subrogation
An insurer has the right of subrogation; however, it may waive that
right through this method.
Wear and
tear exclusion
A common heading for an "all risks" exclusion relating to a group of
events that do not represent risk at all. Property will become worn
out and torn; it will rust, settle, become rotted, infested, marred,
scratched, etc. It is easy to distinguish however between the
marring that occurs over time (excluded) and marring that occurs
when a concrete block is dropped into a fine wooden table.
Workers
compensation insurance
Coverage that conforms to the workers compensation laws of the
states in which it written.
Workers
Compensation and Employers Liability Insurance
A type of liability insurance not included in the Commercial General
Liability coverage part. Workers Compensation makes benefits payable
for injuries to, disability or death of an employee without regard
to liability. Employers Liability covers the common-law liability of
an employer for injuries to an employee. Because these coverages are
related specifically to employer-employee relationships, they are
not characterized as general liability.
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