Exposures of legal liability
Premises, Operations, Product, Completed Ops, Auto, Conveyance
Products liability
Caused by defects in product design, manufacturing, or failure to sufficiently warn or explain use of product
Premises liability
Applies to specific locations
Operations liability
Away from premises
completed ops
Improper workmanship or defects after work is completed
Tort
Negligence, recklessness, intentional acts
Tort negligence
Duty owed —> breach of duty —> injury or damages —> proximate cause
Intentional torts
Libel, slander, wrongful entry or eviction, assault and battery, wrongful detention, false arrest, copyright infringement
Strict liability
Products liability in which manufacturers, distributors, and sellers are liable for all defects or hazardous products that unduly threaten a consumers health and safety
Statute
Law enacted by a legislative body
Common law
Derived from court decisions and traditions of the past
Contract
Between 2 or more parties
Types of legal liability
Torts, statutes, contracts
Types of tort
Negligence, intentional, strict
Types of damage
Special, general
Special damages
Specific dollar amounts that cover costs of medical bills, lost income, rehab, or repair/replacement of property
General damages
Subjective dollar amounts that compensate injured party for intangible losses such as pain and suffering
Punitive/exemplary
Punish wrongdoer’s conduct
GL policy structure
Common declarations, common conditions, gl declarations, gl coverage, endorsements
What’s on common policy declarations
Who, what, where, when, premiums for each coverage
What’s on common policy conditions
Cancellation, policy changes, audits, inspections, premium pay age, assignment of policy
CGL Coverage Form Part A
Bodily injury and property damage
CGL Coverage Form Part B
Personal and advertising injury
CGL Coverage Form Part C
Medical payments