For years I have recommended not adding extraneous information on certificates of insurance requested by additional insureds, but rather sending them the actual policy language. In this article, I explain why.
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In a recent COVID-19 business income lawsuit, the court opined that direct physical “loss of” property could include “loss of use of” that property. This is an erroneous reading of the policy form and certainly not the intent of the insurance contract. This article explains why that is and links to a more detailed discussion that refutes this interpretation.
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An insured enters into a contract that requires a $2M umbrella. The insured has a $5M umbrella, but only wants to show $2M on the certificate of insurance. What should you do?
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Should certificate holders be notified when a policy is cancelled? If not, why? Also, what coverage information should be added to a certificate, such as additional insured and contractual obligations?
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Businesses that deliver products, from furniture stores to HVAC contractors, have an auto loading and unloading exposure. If property not in their care, custody or control is damaged during loading or unloading, is that covered by a CGL or a BAP (or PAP) policy?
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Are you ever asked to issue a certificate of insurance attesting that just about everyone in the entire state is an additional insured on your customer’s CGL policy? If so, let’s hope the remuneration from the contract requiring this is worth essentially giving away the insurance.
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Several employees were erecting an outdoor artificial Christmas tree when a part fell onto an employee’s auto and damaged it. A claim was made against the business named insured but denied by the adjuster, citing an exclusion for damage to property “owned by an insured.” The problem was, that’s not actually what the policy said….
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Last year I authored a monthly column in the Insurance Journal magazine that provided an overview of my book “When Words Collide: Resolving Insurance Coverage and Claims Disputes.” This year, I am doing a new column called “Logic & Language, Forms & Facts” which applies the lessons in the book to actual claims.
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