Insurance Terms – General Liability
DISCLAIMER -
The abbreviated outlines of coverage provided in this site are not intended to
express any legal opinion as to the nature of insurance coverage. The terms
shown on this site provide only the most basic and general description of some
common terms used by the insurance industry. Please read your policy for
specific details of your coverage. ONLY your policy provides coverage.
The Commercial General Liability Policy (CGL) provides the insurance
protection needed to pay damages for bodily injury or property damages for
which the insured is legally responsible. The policy provides coverage for
liability arising from personal injury and advertising injury. Coverage for
medical expense is also provided. The policy also covers accidents occurring on
the premises or away from the premises. Coverage is provided for injury or
damages arising out of goods or products made or sold by the named insured. The
insured is the named insured and the employees of the named insured. However,
several individuals and organizations, other than the named insured, may be
covered, depending upon certain circumstances specified in the policy. In
addition to the limits, the policy provides supplemental payments for attorney
fees, court costs and other expenses associated with a claim or the defense of
a liability suit.
There are two commercial general liability coverage forms available, the
occurrence form and the claims-made form. Both forms are somewhat identical in
the coverages offered. The main difference is in the way claims are handled
under the two forms. The occurrence form covers bodily injury or property
damage claims that occur during the policy term, regardless of when the claim
is reported. The claims-made policy form only covers claims made against the
insured during the policy term. A claim made after the policy expires is not
covered by a claims-made policy unless the claim is covered by an extended
reporting period. The claims-made policy will only have the extended reporting
period. The following terms reflect both forms.
General Aggregate
The General Aggregate Limit is the most money the insurer will pay under a
certain coverage for all claims occurring during the policy term.
Premises/Operations
Coverage is provided for damages arising out of ownership or occupancy of the
insured premises when not maintained in a reasonable manner. This also covers
damages arising out of operations performed by the insured business.
Products/Completed Operations
Products coverage is provided for damages arising out of products manufactured,
sold, handled or distributed by the insured. Completed Operations covers
damages occurring after operations have been completed or abandoned, or after
an item is installed or built and released for it's intended purpose.
Medical Expense Limit
Medical payments coverage pays medical expenses resulting from bodily injury
caused by an accident on premises owned or rented by the insured, or locations
next to such property, or when caused by the insured's operations. These
payments are made without regard to the liability of the insured.
Fire Damage Limit
The fire damage limit provides coverage for fire damage caused by negligence on
the part of the insured to premises rented to the named insured. If a fire
occurs because of negligence of the insured and causes damage to property not
rented to the insured, coverage would be provided under the occurrence limit.
Personal Injury
Personal Injury means injury other than bodily injury. Coverage is provided for
injury resulting from offenses such as false arrest, malicious prosecution,
detention or imprisonment, the wrongful entry into, wrongful eviction from and
other acts of invasion, or rights of private occupancy of a room. Coverage for
libel and slander is also provided in the policy.
Advertising Injury
This coverage pays for damages done in the course of oral or written
advertisement that disparages, libels or slanders a person's or organization's
goods, products or services. Coverage for these offenses is provided under
advertising injury coverage only if they occur during the course of advertising
the named insured's own goods, products or services.
Each Occurrence
Each occurrence is considered to be an accident, which could include continuous
or repeated exposure to the same harmful conditions. An occurrence can also be
a sudden event, or a result of a long term series of events.
Claims Made Form Only
Basic Extended Reporting Period (Basic
Tail)
This coverage is provided automatically without an additional premium charge if
coverage is canceled, not renewed, or the insurer renews with a later
retroactive date. The basic extended reporting period starts at the end of the
policy period and last for five years for claims made against the insured within
the five year period and reported to the insurer within 60 days after the end
of the policy period.
Supplemental Extended Reporting Period
(Supplemental Tail)
The supplemental extended reporting period is available under the same
circumstances as the basic one. However, it becomes effective only if the named
insured makes a written request within 60 days after termination of the policy
period and the additional premium is paid. The supplemental extended reporting
begins when the basic one ends, and it continues forever. It cannot be canceled
by the insured or insurer. The supplemental tail endorsement would provide
coverage for claims reported to the insurer within sixty days after the end of
the policy period but did not result in a claim being made against the insured
until after the end of the five year policy period.
Other types of occurrence or offenses that are unknown by the insured and
therefore not reported within the sixty days after the end of the policy period
could also be covered by the supplemental tail. When the tail is purchased the
policies general aggregate limit and the products/completed operations
aggregate limit is reinstated.
Retroactive Date
The retroactive date shown in the policy declarations is the same as the
inception date, or the retroactive date can be a date prior to the inception
date. A policy can also be written with no retroactive date.