In the article, “The ‘Work You Performed’ Exclusion,” it is pointed out that damage to a customer’s auto during an ongoing operation, absent garagekeepers coverage, is often denied due to the care, custody or control liability exclusion. However, this might not always be the case if the Separation of Insureds provision controls.
Your insured is a large company that maintains its own vehicles. They serviced the brakes on a truck and, while being operated, the brakes failed, there was an accident, and two people were killed. The Business Auto Policy (BAP) carrier has denied the claim, citing the completed operations exclusion. The CGL doesn’t cover ownership, maintenance,…
A contractor was hauling an oil tank on his flatbed trailer to a disposal site. The tank leaked a small amount of oil onto the road and a motorcycle in back of the truck slid on the oil, injuring the driver. The insurance carrier denied the loss based on the pollution exclusion. Do you agree?…
Your commercial insured hires an independent contractor to snowplow his lot. If your insured is sued, under his BAP should he have at least Symbol 8, or 9 coverage? In other words, is this a hired or nonowned auto exposure? Or does he need a BAP at all for this claim? Could his CGL policy…
In May, following a June renewal, one of the insured’s vehicles was involved in a fatal auto accident. It was learned that the vehicle was purchased the previous May just before the renewal, but was inadvertently omitted when the schedule of vehicles was submitted with the renewal. Is there any liability coverage under Symbol 1?
When a garage does repair work on an auto, it’s possible that negligent or defective work could result in subsequent damage. For example, a leaky oil change could result in the engine seizing, a slipping fanbelt could cause overheating, an improperly repaired tire could cause an accident. At issue is what part of that resulting…
With the mobility that technology offers in the form of cell phones, PDAs, and laptops, the ability to conduct business away from the traditional office has exposed employers to hazards not considered or dreamed of just a few years ago. Employers are subject to an ever-increasing chance of being held vicariously liable for the actions…
For whatever reason(s), some carriers are more willing to write business auto liability coverage under Symbols 2, 8, and 9, rather than Symbol 1. Recently, we received an “Ask an Expert” question from an agent who’s BAP insurer insisted on Symbols 2, 8 & 9 saying, according to the agent, that they were equivalent to Symbol…
Your insured contractor has gotten a job where the insurance requirements include at least $1,000,000 in CGL coverage. Your insured has a $2,000,000 CGL occurrence limit. He doesn’t want them to know that he has this much insurance, so he asks you to issue the certificate showing a $1,000,000 limit, as required in the contract.…
