Volume 163

JULY 2020

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PF&M ANALYSIS:

AAIS COMMERCIAL LIABILITY COVERAGE FORM ANALYSIS

(December 2018)

 

COVERAGE FORM INTRODUCTION

A table of contents is provided as an aid when exploring the coverage form.

Certain words or phrases have special meanings. They are listed in the Definitions section, which follows the insuring agreement, and are shown in bold type or in quotation marks throughout the coverage form.

Editorial note: The bolded words above were added by CL-300–Amendatory Endorsement.

INSURING AGREEMENT

The insurance company agrees to provide the commercial liability coverage described in the policy. However, the coverage is provided subject to terms and conditions of the policy being met. All contracts require consideration be provided and, in an insurance contract, the consideration is the insured’s payment of the required premium.

The policy terms related to cancellation, changes made to the policy, examination of books and records, surveys and inspections, and assignment or transfer of rights or duties also apply even though they are not contained in this coverage part. These are mentioned separately because they are not part of this coverage form. They are found in CL 0100–Common Policy Conditions which must be attached to every commercial lines policy.

DEFINITIONS

When any of the following terms are used in the policy, the explanation in this section applies rather than the dictionary definition of the term.

You and your

The entity named as the insured on the declarations. There can be more than one you or your.

We, us and our

The insurance company providing the insurance coverage in this form.

Designated Insured (No number assigned)

There are five types of entities that can be considered designated insureds.

The first four designated insureds are based on the type of business entity entered on the Declarations and is similar to the definition of insured found later in the policy:

  • Individual: The individual and his or her spouse are designated insureds. However, they are so designated only with respect to the conduct of the business for which the named insured is the sole owner.
  • Partnership or Joint Venture: The named insured, its partners, members and their spouses are designated insureds. However, they are so designated only with respect to the conduct of the named insured’s business.
  • Limited Liability Company: The named insured, its members and its managers are designated insureds. However, each is so designated only within the scope of their particular duties.
  • Organization That Is Not a Partnership, Joint Venture or LLC: The named insured and all its executive officers and directors are designated insureds. However, each is so designated only within the scope of their particular duties. The named insured’s stockholders are also so designated but only for their liabilities as stockholders.
  • Any employee that is defined below and has been authorized to either provide or to receive an occurrence or claim notice.

Note: There is no indication as to who must provide the authorization to the employee