Volume 178

OCTOBER 2021

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GORDIS ON INSURANCE:

COVERAGE A–BODILY INJURY AND PROPERTY DAMAGE LIABILITY EXCLUSIONS

Intended Actions
There is no coverage for claims arising out of actions expected or intended from the standpoint of the insured. This exclusion does not apply, however, to bodily injury resulting from the use of reasonable force to protect persons or property.

Contractual Liability
The policy does not apply to bodily injury or property damage for which the insured is obligated to pay damages because liability was assumed in a contract or agreement. The exclusion does not apply, however, to liability for damages the insured assumed in an "insured contract" (defined below) or for which he or she would have been liable in the absence of the contract or agreement.

There are six types of insured contracts: lease; sidetrack agreement; easement or license except for construction or demolition activities within 50 feet of a railroad; obligation to a municipality except when doing work for the municipality; elevator maintenance agreement; and specific tort obligations.

If the contracts include a requirement that defense of assumed liability be provided, those defense costs are also paid but as part of damages. The defense costs can be paid outside of the limits if the guidelines to be so provided in the Supplementary payments are met.

Alcoholic Beverage or Liquor Exclusion
This exclusion is applicable only if the insured is in the business of manufacturing, distributing, selling, serving, or furnishing alcoholic beverages. The policy does not cover bodily injury or property damage for which the insured may be held liable by reason of causing or contributing to the intoxication of any person, furnishing alcoholic beverages to a person under the legal drinking age or under the influence of alcohol, or because of a statute or ordinance relating to the sale, gift, distribution or use of any alcoholic beverage.

Workers Compensation and Employers Liability