Who is covered by a restoration contractor's general liability policy?
Updated: Jun 16, 2023
Last week we started a post on who is actually insured on a standard general liability policy for restoration contractors. We pointed out that the primary insureds on a policy depend upon the type of organization or company you have. This week we want to focus on the various types of individuals names as insureds on your policies as well:
Your “employees” or “volunteer workers” only while performing duties related to the conduct of your business or your “employees.”
However, there are some exceptions. None of these “employees” or “volunteer workers” are insureds for:
Bodily injury or personal and advertising injury: (a) To you, to your partners or members, to a co-“employee” while in the course of his or her employment or performing duties related to the conduct of your business, or your other “volunteer workers” while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co-“employee” or “volunteer worker”; (c) For which there is an obligation to share damages with or repay someone else who must pay damages; or (d) Arising out of his or her providing or failing to provide professional health care services.
Property damage to property: (a) Owned, occupied or used by, (b) Rented to, in the care, custody or control of, or over which physical control is being exercised for any purpose by you, any of your “employees,” “volunteer workers,” any partner or member (if you are a partnership or joint venture), or any member (if you are a limited liability company).
Any person (other than your “employee” or “volunteer worker”) or any organization acting as your real estate manager.
Any person or organization having proper temporary custody of your property if you die, but only: (1) Concerning liability arising from the maintenance or use of that property; and (2) Until your legal representative has been appointed.
Your legal representative if you die, but only concerning duties as such.
Any organization you newly acquire or form, other than a partnership, joint venture, or limited liability company, and over which you maintain ownership or majority interest, will qualify as a Named Insured if no similar insurance is available to that organization. However:
Coverage under this provision is afforded only until the 90th day after you acquire or form the organization or the end of the policy period, whichever is earlier;
This coverage does not apply to “bodily injury” or “property damage” that occurred before you acquired or formed the organization; and
Coverage B does not apply to “personal and advertising injury” from an offense committed before acquiring or forming the organization.
No person or organization is an insured concerning the conduct of any current or past partnership, joint venture, or limited liability company that is not shown as a Named Insured in the Declarations.
Please get in touch with our office if you have additional questions about who is insured under your policy.
