The term ″employee″ is defined in Section V so that it includes a ″leased worker,″ but it does not include a ″temporary worker.″ When determining eligibility for benefits, independent contractors are not included with employees.8 In the absence of a policy definition of independent contractors, several jurisdictions make use of a variety of distinguishing criteria to differentiate workers from independent contractors.9 For instance, in the case of Curry v.
- Atlantic Mutual Insurance Co.10, an art dealer who did not have set work hours, did not receive a salary, and worked only from his own offices was found liable for breach of contract.
Which of the following would not be excluded under Coverage A of the CGL?
Which one of the following does NOT fall under the category of items that are excluded under Part A of the CGL form? The shipment of mobile equipment by the insured is not covered by the mobile equipment exclusion because of this. Nevertheless, the use of mobile equipment is not prohibited, with the exception of racing and stunting.
Which of the following conditions would not be found in a CGL policy written on the occurrence form?
Which of the following terms would not be included in a CGL insurance if it were put on an incident form? Right of the Insured Party to Receive Information Regarding the Claim — The only place you’ll see this condition is in the claims-made form. In a CGL policy that is designed on a claims-made basis, which one of the following types of reporting periods is always included?
What is excluded from a commercial general liability policy?
Excluded from coverage are bodily injuries or property damage that may be incurred as a consequence of the use of automobiles, airplanes, or watercraft that are owned, operated by, or rented from or lent to any Insured party.
Who are insured workers?
The statutory obligation of an employer for the death, disability, and physical injuries of his employees that are caused by accidents is covered by a Workmen’s Compensation policy or a Workers Compensation policy.
Who is not an insurer?
On the other hand, the majority of consumers obtain their insurance via a broker. Brokers are not the same thing as insurers. Insurance companies entrust the sale of insurance to brokers. If you purchase your insurance via a broker, the insurance company itself will be the one to issue your policy and handle any claims that you may submit.
Which of the following is not eligible for coverage under a Businessowners policy?
Which of the following is not a risk that would be covered by a businessowners policy? The selling of autos, the service of automobiles, or the storage of automobiles are not qualifying business activities for a businessowners policy.
What is not covered by the CGL coverage b personal and advertising injury?
Coverage for Personal and Advertising Injuries is included in Section B of the Business General Liability (CGL) policy that is associated with commercial insurance. There is no discussion of bodily injury or property damage responsibility in this particular section of the CGL policy.
Which of the following businesses would not be eligible for coverage under the Garage Coverage Form?
The Garage Coverage Form offers protection against liability for Premises and Operations, Products, and Completed Operations, but it does not cover Contractual Liability. Because it is designed for businesses who sell, service, or store vehicles, a car rental agency would not qualify to use this form. The form’s target audience is businesses.
Which of the following is not one of the limit of liability provided by the CGL?
The only situation in which the general aggregate limit does not apply is when there is a claim for damages due to physical harm or property damage resulting from a danger caused by items that have been finished being manufactured or processed.
Which of the following would not be found in the common policy declarations page of a commercial package policy?
All of the following may be found in the common policy declarations of the CPP, with the following exceptions: The transferring of rights and responsibilities Not in the Declarations, but in the Conditions section, you’ll find information on the transfer of rights and duties.
What is not a consideration in a policy?
In the absence of consideration, one of the parties to a contract is released from all obligations under the terms of the agreement, while the other party remains under all obligations to carry out the terms of the agreement. In most cases, the courts will refrain from intervening between parties to a contract.
What are some common CGL exclusions?
- Exclusions from the CGL: The Complete Guide Injuries to the Body Any harm that occurs to a person’s body, whether it be sickness, death, disease, or an actual physical injury, is referred to as a bodily injury.
- Damage Done to Property
- Insuring Agreement.
- Injury That Was Anticipated Or Intended
- Legal Obligation Arising From Contracts
- Responsibility Regarding Liquor
- Aircraft, Auto, Or Watercraft
Does the CGL policy apply to an employee of the insured?
It stipulates that the CGL coverage will not apply in the event that an employee of the insured sustains physical harm.There has been a significant amount of litigation about precisely what is meant by the term ″employee of the insured,″ and this question deserves its own consideration.Employees include both leased workers and temporary workers.
- The CGL policy includes a definition for the word ″Employee.″
What is not covered by the CGL?
Because the physical harm sustained by the claimant was a result of the usage of a vehicle that was lent to the insured, the claim filed by the employee of the other contractor against the insured is not covered by the CGL. This rule has a lot of loopholes that can be stepped through.
Can a CGL insurer invoke an exclusion for the same person?
Even though it is possible for a CGL insurer to consider a person to be an employee for the purposes of invoking an exclusion and for an employers liability insurer to consider the same person to not be an employee in order to avoid providing coverage, this approach may be seen as an insurer wanting to have it both ways and wanting to have it their way at the same time.
What is the purpose of exclusions in a CGL policy?
To put it another way, the intention of the exclusions is to remove everything that would normally be covered by the policy. There are many different scenarios that might result in an exclusion to any policy, including the CGL policy.