Volume 154

OCTOBER 2019

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PF&M ANALYSIS:

PRINCIPAL COVERAGES

The insurance company provides insurance coverage on the following but only when a specific limit or premium charge is shown for it on the declarations.

Coverage L–Bodily Injury Liability and Property Damage Liability

The sums an insured is legally obligated to pay as damages due to bodily injury and property damage covered by this insurance will be paid by the insurance carrier. The injury or damage must be caused by an occurrence. The occurrence must take place in the coverage territory. The bodily injury or property damage must happen during the policy period.

(Editorially added wording from GL 0950–Known Injury or Damage Amendments)

Insurance for Coverage L is only available to:

Bodily injury or property damage that is separate and distinct from bodily injury or property damage of which a designated insured was aware before this policy’s effective date. This means that the current bodily injury or property damage cannot be a resumption, change or continuation of that prior bodily injury or property damage.

It is important to realize that continuation, resumption, and change in such prior bodily injury or property damage is considered to be known in that prior policy period.

 

Example: Paula falls at Porgy’s Place. She had a head injury and made it home before collapsing. She never came out of the coma. One year later she dies of those injuries.

Scenario 1: Paula’s estate traced her actions prior to her accident and discovered that Paula fell at Porgy’s. The family hired an investigator and was able to present a claim against Porgy’s Place. This is covered under the current policy because the injury had never been known by anyone at Porgy’s.

Scenario 2: Justin, a partner at Porgy’s, witnessed the fall. He was concerned and asked Paula if she wanted an ambulance. She declined but asked for a cab. Justin is a designated insured so because he had knowledge of the bodily injury, the current policy does not respond but the prior one might.