Commercial General Liabiltiy Coverage Form Special

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IMPORTANT NOTICE TO POLICYHOLDERS
COMMERCIAL GENERAL LIABILITY COVERAGE FORM
SPECIAL BROAD FORM
COMMERCIAL GENERAL LIABILITY ENDORSEMENT
THIS IMPORTANT NOTICE IS NOT YOUR POLICY. IT MERELY DESCRIBES SOME OF THE MAJOR
FEATURES OF THE REVISED COMMERCIAL GENERAL LIABILITY COVERAGE FORM AND THE SPECIAL
BROAD FORM COMMERCIAL GENERAL LIABILITY ENDORSEMENT. READ YOUR POLICY CAREFULLY TO
DETERMINE RIGHTS, DUTIES AND WHAT IS AND IS NOT COVERED. ONLY THE PROVISIONS OF YOUR
POLICY DETERMINE THE SCOPE OF YOUR INSURANCE PROTECTION.
POLICIES PROVIDING SPECIAL BROAD FORM GENERAL LIABILITY COVERAGE HAVE BEEN REVISED.
THEY ARE PRINTED IN A NEW FORMAT, AND THEY CONTAIN SOME COVERAGE CHANGES.
CHANGES DESCRIBED BELOW ARE GENERAL IN NATURE. HOWEVER, YOUR POLICY MAY CONTAIN
FURTHER CHANGES OR MODIFICATIONS MAKING IT NECESSARY TO CLOSELY READ YOUR POLICY.
PLEASE CONTACT YOUR AGENT OR BROKER FOR FURTHER INFORMATION.
I. COMMERCIAL GENERAL LIABILITY COVERAGE FORM
SOME MAJOR CHANGES INTRODUCED BY THE NEW COVERAGE FORM INCLUDE:
o
BROADENING OF COVERAGE
Two new definitions (''employees'' and ''leased worker'') have been added to give Leased Workers the
same status (both coverage and exclusions) as the traditional Employee.
o
The definition of "suit" allows any insured the ability to choose or participate (with the insurer's consent) in
certain alternative resolution mechanisms.
o
Section II - WHO IS AN INSURED, revised to acknowledge the existence of a new form of business entity
known as the limited liability company and by specifying members and managers of limited liability
companies as insureds.
o
The Contractual Liability exclusion is amended to provide for the payment of defense expenses, on behalf
of an insured, as damages under bodily injury and property damage liability coverage, when the insured
has assumed such a liability in an "insured contract."
o
An amendment has been made to the Supplementary Payments provision to provide for the defense of an
indemnitee and the payment of an indemnitee's defense expenses as Supplementary Payments if certain
specific conditions are met.
o
An exception has been added to the Pollution Exclusion so that the exclusion does not apply to losses
arising only out of the escape of fuels, lubricants or other operating fluids resulting from the normal
functioning of mobile equipment, provided the pollutants escape from the mobile equipment part designed
by its manufacturer to hold such pollutants.
Form G-3275 (12/01 Ed.)
Page 1 of 2
© 2001 The Hartford
CLARIFICATIONS OF COVERAGE
o
This Coverage Form has been amended to clarify that an Insurer investigates and settles claims, and
defends insureds against "suits."
o
Paragraph 1.a. of Insuring Agreement for both Coverage A -Bodily Injury and Property Damage Liability
and Coverage B - Personal Injury and Advertising Injury Liability is revised to clarify the intent under this
Coverage Form not to defend insureds when no coverage exists under the policy.
o
The Other Insurance Condition in this Coverage Form is amended to specify that coverage is excess in
situations in which an insured rents a building and the insured has fire insurance available to cover such
loss.
o
Paragraph f. (2) and (3) of the "insured contract" definition in the Definitions Section has been revised to
update the list of professional services (for architects, engineers or surveyors) to conform to standard
industry terms.
o
The Definitions section has been amended in this coverage form to clarify that the "products-completed
operations hazard" definition only includes coverage for damages arising out of a condition in a vehicle not
owned or operated by the named insured and to more clearly state that products or operations that are
subject to the General Aggregate Limit are excluded from products-completed operations coverage.
RESTRICTIONS IN COVERAGE
o
Who is an Insured: If you are a partnership, Employees are not insureds for purposes of Bodily Injury or
Property Damage to partners or members.
o
Executive Officer Definition: If you are a corporation, Executive Officers have more protection under
this policy than Employees. Bodily Injury or Personal Injury to you, Employees, Leased Workers and
fellow Executive Officers is covered when caused by an Executive Officer. The same injury, if caused by
an Employee or Leased Worker, will not be covered.
II. SPECIAL BROAD FORM COMMERCIAL GENERAL LIABILITY ENDORSEMENT
SOME MAJOR CHANGES INTRODUCED BY THE NEW COVERAGE ENDORSEMENT INCLUDE:
BROADENING OF COVERAGE
o
Expected or intended injury: Exception to use of reasonable force extended to “property damage” as
well as “bodily injury” with respect to the protection of persons or property.
o
Supplementary Payments: The limit for loss of earnings is changed from $250 a day to $500 a day.
o
Other insurance - Primary Insurance: If a written contract requires your policy to be primary for an
additional insured, we will not seek contributions from other insurance available to the additional insured.
o
Other Insurance: You Are An Additional Insured On Another Person’s Or Organization’s Policy When
you are an additional insured under a commercial general liability policy or similar insurance of another
policy, your policy will be excess over the other insurance.
RESTRICTIONS IN COVERAGE
o
Contractual Personal Injury: Endorsement no longer provides coverage for contractually assumed
“personal injury” or “advertising injury.”
Page 2 of 2
Form G-3275 (12/01 Ed.)
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