Workers Compensation Articles

Workers Compensation Issues

20 Workers Comp Issues To Watch in 2023

2023-01-27 | Mark Walls, Kimberly George

Mark Walls and Kimberly George examine problem areas to monitor in 2023.

Liability Insurance

Coverage Challenges in CGL Insuring Agreements

2023-01-20 | Craig F Stanovich

Craig Stanovich clarifies some of the trickiest commercial general liability (CGL) provisions, including loss scenarios to help illustrate and clear up common confusion.

Liability Insurance

The Auto Exclusion in the CGL Policy

2022-09-01 | Craig F Stanovich

Craig Stanovich explains how it is designed to eliminate coverage for bodily injury or property damage customarily covered by a commercial auto policy.

Liability Insurance

Do Trade Names Limit CGL Coverage?

2022-07-22 | Craig F Stanovich

Craig Stanovich relates a recent Massachusetts case that appears to restrict named insured coverage.

Liability Insurance

Subsidence Exclusion in the CGL Policy

2022-03-16 | Craig F Stanovich

Courts are divided as to the application of this provision. Craig Stanovich looks at the case law.

Workers Compensation Issues

20 Workers Comp Issues To Watch in 2022

2022-02-16 | Mark Walls, Kimberly George

Mark Walls and Kimberly George examine workers compensation problem areas to monitor.

Workers Compensation Issues

Employer Trends Shaping the Workplace

2022-01-19 | Mark Walls, Kimberly George

The pandemic has shown the need forflexible and hybrid work environments, per Mark Walls and Kimberly George.

Workers Compensation Issues

Pandemic Decision-Making

2022-01-14 | Joe Galusha

Aon s Global COVID 19 Task Force answers some hard questions related to infections, vaccinations, employees, and employers.

Workers Compensation Issues

COVID-19 Vaccine Mandate Compliance

2021-12-15 | Mark Walls, Kimberly George

Mark Walls and Kimberly George discuss what employers should do to properly navigate the requirement.

Liability Insurance

Auto versus Mobile Equipment in the CGL

2021-12-01 | Craig F Stanovich

Craig Stanovich helps you determine whether the business auto or commercial general liability policy applies to mobile equipment and auto claims.

Workers Compensation Issues

Navigating the Future of Risk Management

2021-11-26 | Mark Walls, Kimberly George

Understand the data behind your workers compensation insurance program, advises Mark Walls and Kimberly George.

Workers Compensation Issues

The Bigger Picture of COVID-19 Data

2021-11-18 | Mark Walls, Kimberly George

Mark Walls and Kimberly George compare pandemic trends and their impact on workers compensation.

Workers Compensation Issues

Employers Managing the Challenges of Civil Unrest

2021-08-19 | Mark Walls, Kimberly George

Last year provided many lessons. Mark Walls and Kimberly George suggest ways we can learn from them.

Workers Compensation Issues

State of Mental Health in the Workplace

2021-06-11 | Mark Walls, Kimberly George

Mark Walls and Kimberly George report on the changing workplace and legal environments.

Workers Compensation Issues

Post-COVID Analytics and Benchmarks

2021-05-19 | Mark Walls, Kimberly George

Mark Walls and Kimberly George advise risk managers to define their narrative, recognize COVID-19 changes, and respond accordingly.

Workers Compensation Issues

COVID-19 Is Not an Occupational Disease

2021-04-09 | Mark Walls, Kimberly George

COVID-19 Is Not an Occupational Disease—To cover COVID, new state laws ignore the designed purpose of workers compensation insurance. Mark Walls explains.

Workers Compensation Issues

COVID Claims Development: Workers Compensation and Long-Term Effects

2021-03-19 | Kimberly George, Mark Walls

COVID Claims Development: Workers Compensation and Long-Term Effects—COVID-19 variants and vaccine myths are discussed by Mark Walls and Kimberly George.

Workers Compensation Issues

COVID Claims Development: Workers Compensation and Beyond

2021-03-12 | Mark Walls, Kimberly George

COVID Claims Development: Workers Compensation and Beyond—Mark Walls and Kimberly George explore current trends in COVID-19 claims.

Workers Compensation Issues

20 Workers Comp Issues To Watch in 2021

2021-02-05 | Mark Walls, Kimberly George

20 Workers Comp Issues To Watch in 2021—Mark Walls and Kimberly George relate important issues for every risk manager and insurance professional to monitor in 2021.

Workers Compensation Issues

Perils of Pandemic Premium Audits

2021-01-29 | Mark Walls

Perils of Pandemic Premium Audits—COVID-19 has had an impact on insurers and regulators alike.

Workers Compensation Issues

The Continued Impact of COVID-19 on Workers Compensation

2020-12-11 | Mark Walls, Kimberly George

The Continued Impact of COVID-19 on Workers Compensation—Mark Walls and Kimberley George discuss the effect of COVID-19 on workers compensation.

Workers Compensation Issues

State of the Commercial Insurance Marketplace

2020-10-30 | Mark Walls, Kimberly George

State of the Commercial Insurance Marketplace—Risk managers need to prepare to respond to changes in the US market, per Mark Walls and Kimberly George.

Workers Compensation Issues

Women Safely Dressing for Success

2020-10-16 | Tricia Kagerer

Women Safely Dressing for Success—No longer "shrink it and pink it," PPE for women is now available. Tricia Kagerer interviews entrepreneur Ana Kraft.

Workers Compensation Issues

Evolving Health Technology Models

2020-10-16 | Mark Walls, Kimberly George

Evolving Health Technology Models—Telemedicine, digital health, and on-demand medicine are creating healthy trends in the workforce. Mark Walls and Kimberly George discuss.

Workers Compensation Issues

"Closing Care Gaps" for an Aging Workforce

2020-10-16 | Joe Galusha

"Closing Care Gaps" for an Aging Workforce—Joe Galusha discusses an innovative approach to improving workers compensation outcomes.

Liability Insurance

Commercial Umbrella—Exhaustion of the Underlying Insurance

2020-09-25 | Craig F Stanovich

Commercial Umbrella—Exhaustion of the Underlying Insurance—Craig Stanovich explains the importance of determining when and how the umbrella will attach.

Workers Compensation Issues

We Are Open for Business. Now What?

2020-07-17 | Mark Walls, Kimberly George

We Are Open for Business. Now What?—Mark Walls and Kimberly George discuss employer considerations for returning to a physical workspace.

Workers Compensation Issues

The Coronavirus (COVID-19)—Is It Compensable?

2020-06-18 | Christine Fuge, Veronica Bates

Factors such as whether it was contracted during the course of employment and the laws and case law of the jurisdiction will matter.

Workers Compensation Issues

OSHA and COVID-19 Updates

2020-06-12 | Tricia Kagerer

OSHA and COVID-19 Updates—Tricia Kagerer summarizes recent guidance on how to handle workers who test positive for COVID-19.

Liability Insurance

The Coronavirus and the CGL Policy

2020-06-12 | Craig F Stanovich

The Coronavirus and the CGL Policy—While coverage depends on the specific facts of the case, Craig Stanovich reviews the possibilities.

Workers Compensation Issues

Employer Perspectives and Priorities during a Pandemic

2020-06-05 | Mark Walls, Kimberly George

Employer Perspectives and Priorities during a Pandemic—Mark Walls and Kimberly George discuss returning to regular business operations.

Workers Compensation Issues

Access to Care and Return to Work during a Pandemic

2020-05-22 | Mark Walls, Kimberly George

Access to Care and Return to Work during a Pandemic—Mark Walls and Kimberly George discuss some effects of COVID-19 on workers.

Workers Compensation Issues

NCCI Annual Issues Symposium—2020

2020-05-15 | Christine Fuge

NCCI Annual Issues Symposium—2020—COVID-19, the effect of the pandemic on the industry, the failing economy, and worker demographics were discussed.

Workers Compensation Issues

NCCI Provides Workers Compensation Research about COVID-19 Impact

2020-05-08 | Christine Fuge

NCCI Provides Workers Compensation Research about COVID-19 Impact—Learn more about the studies and the new loss predictive interactive tool.

Workers Compensation Issues

The Impact of COVID-19 on Workers Compensation

2020-05-08 | Mark Walls, Kimberly George

The Impact of COVID-19 on Workers Compensation—Mark Walls and Kimberly George discuss the pandemic with industry experts.

Workers Compensation Issues

Is COVID-19 Recordable or Reportable to OSHA?

2020-05-01 | Tricia Kagerer

Is COVID-19 Recordable or Reportable to OSHA?—Tricia Kagerer examines the workers compensation aspects of COVID-19.

Workers Compensation Issues

Pain Management and Well-Being during a Pandemic

2020-05-01 | Mark Walls, Kimberly George

Pain Management and Well-Being during a Pandemic—Mark Walls and Kimberley George look at changes in medical care due to COVID-19.

Workers Compensation Issues

The Real Impact of COVID-19 on Workers Compensation

2020-04-03 | Mark Walls

The Real Impact of COVID-19 on Workers Compensation—Mark Walls examines how the challenges arising from this virus will impact the industry.

Workers Compensation Issues

20 Employment Issues To Watch in 2020

2020-02-07 | Mark Walls, Kimberly George

20 Employment Issues To Watch in 2020—Mark Walls and Kimberly George discuss issues they feel will be critical this year.

Workers Compensation Issues

Understanding the Big Picture in Workers Compensation Costs

2019-12-20 | Mark Walls

IUnderstanding the Big Picture in Workers Compensation Costs—Data matters, as does the market. Mark Walls reviews the factors involved.

Workers Compensation Issues

Measuring Success in Workers Compensation

2019-11-08 | Mark Walls, Kimberly George

Measuring Success in Workers Compensation—It's time to rely on technology, rather than intuition, per Mark Walls and Kimberley George.

Workers Compensation Issues

Cannabis in the Workplace

2019-11-08 | Joe Galusha

Confronting a New Reality: Cannabis in the Workplace—Joe Galusha looks at issues facing employers.

Liability Insurance

The ISO Classification System and the CGL Policy

2019-11-08 | Craig F Stanovich

While ISO classification codes don't generally restrict CGL coverage, they can have an impact. Craig Stanovich explains.

Workers Compensation Issues

Social Determinants of Health and Your Workforce

2019-07-12 | Mark Walls, Kimberly George

Social Determinants of Health and Your Workforce—Mark Walls and Kimberly George examine how SDoH can affect the company, the culture, and the worker.

Liability Insurance

How the Limits Apply in the CGL Policy

2019-06-28 | Craig F Stanovich

Craig Stanovich updates his popular article explaining how CGL limits apply to the payment of claims.

Workers Compensation Issues

The Globalization of Risk Management

2019-05-24 | Mark Walls

The Globalization of Risk Management—Risk managers must have more of a global focus. Mark Walls and Kimberly George address the issue.

Workers Compensation Issues

NCCI Annual Issues Symposium—2019

2019-05-17 | Christine Fuge

NCCI Annual Issues Symposium—2019—Technological changes, property and casualty insurance results, opioids, and robotics were some of the topics covered.

Workers Compensation Issues

The Future of Work and Workers

2019-05-03 | Mark Walls

The Future of Work and Workers—Attracting, training, maintaining, and retaining employees will continue to be a challenge, warns Mark Walls.

Workers Compensation Issues

Solving One of the Top Healthcare Costs: Musculoskeletal Disorders

2019-04-26 | Joe Galusha

Solving One of the Top Healthcare Costs: Musculoskeletal Disorders—Early functional and medical intervention matters, per Joe Galusha.

Workers Compensation Issues

Expanding Leave-of-Absence Regulations

2019-03-29 | Mark Walls, Kimberly George

Expanding Leave-of-Absence Regulations—Understanding the laws and implementing leave and accommodation policies properly are key, per Mark Walls.

Liability Insurance

The Hazards of Products and Completed Operations: Understanding the Fundamentals

2019-03-06 | Craig F Stanovich

Too little attention is paid to the basics of how products and completed operations coverage works within the context of the entire CGL policy. Craig Stanovich explains.

Workers Compensation Issues

Workers Compensation Issues to Watch in 2019

2019-02-08 | Mark Walls

Workers Compensation Issues To Watch in 2019—Mark Walls and Kimberley George make their predictions.

Workers Compensation Issues

InsurTech: Revolution, Evolution, or Hype?

2018-12-21 | Mark Walls, Kimberly George

InsurTech: Revolution, Evolution, or Hype?—Mark Walls and Kim George describe how new technology is being used to eliminate losses by removing risks.

Liability Insurance

Primary and Noncontributory

2018-12-14 | Craig F Stanovich

This term is usually an attempt to establish the priority of coverage and is not concerned with allocating percentages of fault, explains Craig Stanovich.

Workers Compensation Issues

The Future of Workers Compensation Claims Handling

2018-10-26 | Mark Walls, Kimberly George

The Future of Workers Compensation: People, Places, and Things—Mark Walls and Kimberley George discuss what's here and what's coming.

Workers Compensation Issues

Integrated Optics: Workers Compensation Cost Management

2018-10-24 | Joe Galusha

Integrated Optics: Workers Compensation Cost Management—Learn how combined data sets are being used, per Joe Galusha.

Workers Compensation Issues

Workers Compensation Residual Market

2018-09-21 | Christine Fuge

Learn the types of residual market mechanisms available in the various states, including information about coverages, contacts, and factors to consider.

Liability Insurance

More Coverage Misconceptions of the CGL Policy

2018-09-21 | Craig F Stanovich

More Coverage Misconceptions of the CGL Policy—Craig Stanovich examines additional areas of coverage that are often misconstrued.

Liability Insurance

Some Common Coverage Misconceptions of the CGL Policy

2018-09-21 | Craig F Stanovich

The duty to defend, punitive damages, coverage for your work, completed operations, and an additional insured's sole negligence are some of the areas discussed by Craig Stanovich.

Workers Compensation Issues

Workplace Violence Assessment and Response

2018-09-07 | Mark Walls, Kimberly George

Workplace Violence Assessment and Response—Mark Walls and Kimberley George look at all the issues employers face.

Workers Compensation Issues

Workforce Well-Being: Bridging Health and Productivity

2018-08-10 | Mark Walls, Kimberly George

Workforce Well-Being: Bridging Health and Productivity. Developing a well-being program can be challenging, but Mark Walls and Kimberly George explain why its worth it.

Workers Compensation Issues

Challenges Posed by Aging and Unhealthy Employees

2018-08-03 | Joe Galusha

Challenges Posed by Aging and Unhealthy Employees—Forward-thinking organizations can help increase worker health and well-being, per Joe Galusha.

Liability Insurance

What Does "Separation of Insureds" Mean—Part 1

2018-07-06 | W Jeffrey Woodward

Most liability insurance policies contain a 'severability of interests' condition, which stipulates that coverage applies 'separately' to each insured. This article, and the two to follow, examine coverage issues raised by this condition in the ISO CGL policy.

Liability Insurance

What Does "Separation of Insureds" Mean—Part 2

2018-07-06 | W Jeffrey Woodward

In this second article on the meaning of separation of insureds in the CGL policy, court interpretations of "the insured," "an insured," and "any insured" and their ramifications are discussed.

Liability Insurance

Faulty Work and the CGL

2018-06-22 | Craig F Stanovich

Faulty Work and the CGL—Craig Stanovich updates his popular treatise on whether faulty work can be covered by the CGL policy.

Workers Compensation Issues

NCCI Annual Issues Symposium—2018

2018-06-01 | Christine Fuge

NCCI Annual Issues Symposium—2018—Technological changes, property and casualty insurance results, medical marijuana, and opioids are some of the topics covered.

Liability Insurance

Contractual Liability and the CGL Policy

2018-04-27 | Craig F Stanovich

Contractual Liability and the CGL Policy—Craig Stanovich updates his treatiseon what is meant by contractual liability and how coverage actually works.

Workers Compensation Issues

Integrated Disability Management

2018-04-20 | Joe Galusha

Integrated Disability Management—Joe Galusha discusses return-to-work issues and well-constructed physical demands assessments.

Workers Compensation Issues

Impact of Natural Disasters on Risk Management

2018-04-13 | Mark Walls, Kimberly George

Impact of Natural Disasters on Risk Management—Mark Walls and Kimberly George explain how you can be well prepared for most emergencies.

Workers Compensation Issues

Alternatives to Opioids for Chronic Pain Management

2018-03-16 | Mark Walls, Kimberly George

Alternatives to Opioids for Chronic Pain Management—Mark Walls and Kimberly George look at new ways to address pain.

Workers Compensation Issues

2018 Workers Compensation Issues To Watch

2018-02-09 | Kimberly George, Mark Walls

2018 Workers Compensation Issues To Watch—From healthcare to pain management to cyber to fraud, Mark Walls and Kimberly George provide their thoughts.

Workers Compensation Issues

Bucking Traditional Litigation Management in Workers Compensation

2018-02-02 | Joe Galusha

Bucking Traditional Litigation Management in Workers Compensation—Aon says the shift is away from hourly rates and toward performance metrics.

Workers Compensation Issues

Managing Volatility in Catastrophic and Medically Complex Cases

2017-10-13 | Joe Galusha

Managing Volatility in Catastrophic and Medically Complex Cases—Aon examines how to drive better outcomes for catastrophic injuries.

Workers Compensation Issues

Mental Health and Well-Being in Workers Compensation

2017-09-15 | Kimberly, George,, Mark, Walls

Mental Health and Well-Being in Workers Compensation -- Kimberly George and Mark Walls discuss these costly health challenges.

Workers Compensation Issues

Escaping from the Land of Big Data

2017-07-28 | Joe Galusha

Escaping from the Land of Big Data—Joe Galusha shows the importance of leveraging data more effectively in workers compensation programs.

Liability Insurance

Commercial Umbrellas and the Demand for Primary and Noncontributory

2017-07-14 | Craig F Stanovich

Commercial Umbrellas and the Demand for Primary and Noncontributory -- Craig Stanovich examines the intent and problems.

Workers Compensation Issues

NCCI Annual Issues Symposium—2017

2017-06-16 | Christine Fuge

Summary of pertinent information from the 2017 NCCI Annual Issues Symposium.

Workers Compensation Issues

Workers Compensation Treatment Guidelines: Obstacles and Opportunities

2017-04-21 | Mark Walls, Kimberly George

Workers Compensation Treatment Guidelines—Mark Walls and Kim George explain the obstacles and benefits of developing common-sense guidelines.

Liability Insurance

Coverage Gaps Created by Exclusionary Endorsements

2017-04-13 | Craig F Stanovich

Craig Stanovich explains why some CGL endorsements may leave substantial gaps in general liability coverage.

Workers Compensation Issues

Workers Compensation Issues to Watch

2017-02-03 | Mark Walls, Kimberly George

2017 presents challenges to employers/insurers. Learn 20 workers compensation issues as discussed in the "Out Front Ideas with Kimberly and Mark" webinar.

Liability Insurance

Additional Insured Issues 2016—Part Two

2016-12-16 | Craig F Stanovich

Part 2 of this article discusses the effect of the ISO 2013 additional insured endorsement changes.

Liability Insurance

Additional Insured Issues 2016—Part One

2016-09-16 | Craig F Stanovich

The additional insured coverage issues surrounding the Insurance Services Office, Inc. (ISO), endorsements are always changing. Learn the history.

Liability Insurance

Loss of Use as Property Damage

2016-06-17 | Craig F Stanovich

Loss of Use as Property Damage—Not all losses to or impairment of property is considered property damage. Craig Stanovich delves into the evolution and application of the term as it pertains to liability insurance.

Workers Compensation Issues

The Future of Workers Compensation Healthcare Delivery

2016-04-01 | Kimberly, George,, Mark, Walls

A network for total employee health can increase medical control and reduce costs.

Workers Compensation Issues

20 Workers Compensation Issues To Watch

2016-03-04 | Mark Walls, Kimberly George

20 Workers Compensation Issues to Watch -- In this webinar, Mark Walls and Kimberly George discuss important, current topics.

Liability Insurance

Employers Liability Exclusion in the CGL Policy

2015-09-18 | Craig F Stanovich

Employers Liability Exclusion in the CGL Policy—The exclusion appears deceptively simple. Craig Stanovich explains why it is not.

Liability Insurance

Pennsylvania Adopts "First Manifestation Rule" as the CGL Coverage Trigger

2015-07-03 | Craig F Stanovich

Confusing the occurrence with the resulting bodily injury or property damage results in wrongly decided insurance law, per Craig Stanovich.

Liability Insurance

The Duty To Defend—Groundless, False, or Fraudulent

2014-12-06 | Craig F Stanovich

This language was dropped from the 1986 and later editions of the CGL policy. Craig Stanovich looks at the effect.

Liability Insurance

The Montrose Endorsement—15 Years Later

2014-09-01 | Craig F Stanovich

The impact has not been as eventful as expected, per Craig Stanovich, with much of the litigation involving one insurer against another.

Liability Insurance

The "Your Work Exclusion"—A Curious View

2014-06-01 | Craig F Stanovich

Looking at a curious decision by the Alabama Supreme Court, Craig Stanovich points out the problems with its interpretation.

Liability Insurance

The CGL and the Professional Liability Exclusion

2014-04-01 | Craig F Stanovich

Craig Stanovich explains CG 22 79 and CG 22 80, and provides illustrations of their application.

Liability Insurance

Subrogation and the CGL Policy

2013-12-01 | Craig F Stanovich

Effective risk transfer requires understanding subrogation, the anti-subrogation rule, and endorsement CG 24 04. Craig Stanovich explains.

Liability Insurance

Broad Form Property Damage—A Look Back

2013-09-01 | Craig F Stanovich

When policy interpretation questions arise, Craig Stanovich advises looking back at the drafters' explanations and illustrations.

Liability Insurance

Selling Your Premises—Does CGL Coverage Apply after the Sale?

2013-06-01 | Craig F Stanovich

Craig Stanovich takes a deeper look at the issue identified in the Risk Tip as to whether the CGL covers liability from property that has been sold.

Liability Insurance

The 2013 Edition of the CGL Policy

2013-03-01 | Craig F Stanovich

Who will be most affected? Craig Stanovich says those selling liquor, BYO restaurants, and additional insureds.

Liability Insurance

The Claims-Made CGL Policy

2012-11-01 | Craig F Stanovich

The poor reputation of the claims-made CGL policy is often based on misinformation. Craig Stanovich provides his insight.

Liability Insurance

Punitive Damages—Setting an Example

2012-06-01 | Craig F Stanovich

To say the CGL policy will never pay punitive damages is erroneous. Craig Stanovich explains.

Liability Insurance

Contractual Liability Exclusion—The Ball Is in Your Court

2012-06-01 | Craig F Stanovich

Fifth Circuit tosses the CGL policy's subcontractor's exception to the "your work" exclusion. Craig Stanovich relates the case.

Liability Insurance

Best Laid Plans: How the Definition of "Occurrence" in CGL Cases Continues To Change

2012-01-01 | R Steven Rawls

Faulty workmanship and the CGL policy—Steve Rawls relates recent litigation.

Liability Insurance

Is an Occurrence the Bodily Injury or Property Damage?

2011-12-01 | Craig F Stanovich

Does the cause or the effect determine the deductible? Learn these and other CGL and excess policy issues. (IRMI.com article)

Liability Insurance

Additional Insured Status—Automatic or Wet Blanket?

2011-10-01 | Craig F Stanovich

While additional insured endorsements serve a valuable purpose, Craig Stanovich warns the coverage provided cannot be assumed.

Liability Insurance

Legal Separation—The Severability Test in the CGL

2011-06-01 | Craig F Stanovich

The implications of severability are often overlooked, misunderstood, or simply dismissed. Craig Stanovich explains.

Liability Insurance

Do CGL Policies Cover "Rip and Tear" Expenses?

2011-03-01 | R Steven Rawls

Whether or not CGL policies cover 'rip and tear' expenses varies among jurisdictions. Steve Rawls relates the caselaw.

Liability Insurance

The Increasingly Complex CGL Policy

2011-01-01 | Craig F Stanovich

Craig Stanovich examines rather obscure, yet important, coverage issues, such as the required degree of fortuity and the role of causation in coverage interpretation.

Liability Insurance

Pay Me Back! Reimbursement of Defense Costs in the CGL

2010-10-01 | Craig F Stanovich

The caselaw on whether insurers can recoup defense costs for noncovered claims continues to evolve. Craig Stanovich examines the issues.

Liability Insurance

"Arising Out of": How Strong Is the Connection?

2010-08-01 | R Steven Rawls

Courts are not consistent in their interpretation of the critical phrase "arising out of," as Steve Rawls illustrates.

Liability Insurance

The Recall Expense Exclusion—When Your Ship Does Not Come In

2010-07-01 | Craig F Stanovich

Craig Stanovich discusses the CGL sistership exclusion, its history and application.

Liability Insurance

Invisible Ink: The Duty To Defend When There Is No Duty To Defend

2010-05-01 | R Steven Rawls

Steven Rawls examines caselaw surrounding the duty to defend uncovered allegations.

Liability Insurance

The Impaired Property Exclusion

2010-04-01 | Craig F Stanovich

Exclusion m. of the CGL policy is routinely cited but often misunderstood. Craig Stanovich illustrates how it applies.

Liability Insurance

Lowered Expectation: How Courts Treat Expected Injury Exclusions

2010-02-01 | R Steven Rawls

Courts struggle to differentiate between expected and intended injury, per Steven Rawls.

Liability Insurance

A High-Level View of the CGL Policy

2010-01-01 | Craig F Stanovich

A plain, straightforward explanation of certain portions of the CGL policy provided by Craig Stanovich.

Liability Insurance

The Duty to Defend: the Four(ish) Corners Rule

2009-11-01 | R Steven Rawls

The actual, not alleged, facts of a case play an important role in determining an insurer's defense obligation, per Steve Rawls.

Liability Insurance

OCP Liability versus Additional Insured Coverage

2009-10-01 | Craig F Stanovich

Whether OCP or additional insured coverage is preferable depends on many factors, per Craig Stanovich.

Liability Insurance

What Satisfies the Self-Insured Retention?

2009-08-01 | R Steven Rawls

CGL SIR endorsements are applied in a variety of ways, per Steve Rawls, depending on the jurisdiction.

Liability Insurance

Contractual Confusion—Assuming the Liability of Others

2009-07-01 | Craig F Stanovich

Craig Stanovich provides straightforward examples of the workings of contractual liability insurance.

Liability Insurance

Other Insurance and the CGL Policy

2009-04-01 | Craig F Stanovich

Craig Stanovich provides a basic understanding of the 'other insurance' clause of the commercial general liability policy.

Liability Insurance

CGL Insurance and the Question of Intent

2009-02-01 | R Steven Rawls

Steven Rawls examines court decisions on whether the CGL covers intentional acts by the insured where injuries or damages are substantially certain to occur.

Liability Insurance

Trigger Theories and the CGL

2008-12-01 | Craig F Stanovich

Craig Stanovich explains that trigger theories can only affect when the bodily injury or property damage is determined to have occurred.

Liability Insurance

Coverage Trigger: Getting It Right for the Right Reason

2008-10-01 | R Steven Rawls

Steve Rawls shows why an injury-in-fact or actual injury trigger is the only trigger theory he believes is supported by the CGL policy.

Liability Insurance

Care, Custody, or Control Exclusion in the CGL

2008-10-01 | Craig F Stanovich

Craig Stanovich describes how small changes in circumstances can result in totally different outcomes as to whether property is in the care, custody, or control of the insured.

Liability Insurance

The Future Is Now: When Eventual Indemnity Obligations become Present Defense Obligations

2008-08-01 | R Steven Rawls

Steve Rawls relates a case erasing the distinction between an insurer's duty to indemnify and its duty to defend.

Liability Insurance

CGL Insurance 2007 Edition—A Summary of Changes

2008-06-01 | Craig F Stanovich

While tempting, it's not wise to dismiss the December 2007 ISO changes. Craig Stanovich provides a synopsis.

Liability Insurance

Variations on a Theme: When the Cause Theory Determines the Number of Occurrences

2008-05-01 | R Steven Rawls

Steve Rawls shows how similar facts may result in a different number of occurrences, despite courts' reliance on the cause theory.

Liability Insurance

I Did Not Expect That! The CGL Exclusion for Expected or Intended Injury

2008-03-01 | Craig F Stanovich

Craig Stanovich highlights what is and what is not excluded by the commercial general liability (CGL) insurance policy's Exclusion a.

Liability Insurance

The Burden to Allocate: Mine, Yours, or Ours?

2008-02-01 | R Steven Rawls

Steve Rawls and Rebecca Appelbaum examine the caselaw surrounding the allocation issue.

Liability Insurance

Raising the Bar—The Liquor Liability Exclusion in the CGL

2008-01-01 | Craig F Stanovich

Craig Stanovich explains why assuming that liability insurance will respond to claims due to the serving or furnishing of alcohol is a mistake.

Liability Insurance

Insurance Law and Exclusion (m): It's Not Broken If You Can Fix It

2007-11-01 | R Steven Rawls

Insurance Law and Exclusion (m) Steve Rawls discusses cases addressing the impaired property exclusion in the commercial general liability insurance policy.

Liability Insurance

When Workers Aren't Employees

2007-09-01 | Craig F Stanovich

Is a leased worker considered a temporary worker? Craig Stanovich explains the difference and the insurance implications.

Liability Insurance

More Allocation Theories: Exhaustion

2007-07-01 | R Steven Rawls

Steve Rawls and Rebecca Allpelbaum show how different courts apply allocation methods to determine indemnity obligations.

Liability Insurance

In Defense of Insured Contracts

2007-07-01 | Craig F Stanovich

Craig Stanovich explains the meaning of "insured contract" and how the term fits into the CGL policy.

Liability Insurance

Cover Me: the Subcontractor Exception to the Your [Completed] Work Exclusion

2007-04-01 | R Steven Rawls

Steve Rawls explains why the issue of whether the general contractor's CGL policy covers faulty completed subcontractor work is far from settled.

Liability Insurance

The Scope of "Ongoing Operations" Additional Insured Endorsements: Broader Than Expected

2007-02-01 | R Steven Rawls

Steve Rawls and Rebecca Appelbaum examine cases where courts have construed that term to also include completed operations.

Liability Insurance

No Harm, No Coverage—Personal and Advertising Injury Liability Coverage in the CGL (Part 1)

2007-01-01 | Craig F Stanovich

Craig Stanovich examines Coverage B of the CGL. Part 2 will discuss applicable exclusions.

Liability Insurance

When Does Liability Coverage Exist for Mental Anguish without Bodily Injury?

2006-11-01 | R Steven Rawls

Steve Rawls explains why it is important to evaluate a claim for emotional distress damages from an excess policy perspective, taking jurisdiction into account.

Liability Insurance

Pre-Tender Defense Costs: Who Pays?

2006-07-01 | R Steven Rawls

Steve Rawls explains how assigning responsibility for pre-tender defense costs based on the notice provisions of the policy mixes apples with oranges.

Liability Insurance

Additional Insured Endorsements—A Potential Minefield (Part 3)

2006-03-01 | Craig F Stanovich

In this final segment, Craig Stanovich explores possible pitfalls of additional insured endorsement exclusions, coverage restrictions, and conditions.

Liability Insurance

Additional Insured Endorsements—A Potential Minefield (Part 2)

2006-02-01 | Craig F Stanovich

Craig Stanovich looks at the comparative liability of the named insured and additional insured.

Liability Insurance

Allocation of Damages for Ongoing Losses over Multiple Policies: Who Pays and How Much?

2006-01-01 | R Steven Rawls

Looking at caselaw, Steve Rawls shows there is no uniform application of either trigger theories or allocation concepts.

Liability Insurance

Additional Insured Endorsements—A Potential Minefield (Part 1)

2006-01-01 | Craig F Stanovich

In this first of three articles, Craig Stanovich looks at the connection between the named insured and additional insured necessary for CGL coverage.

Liability Insurance

Auto versus Mobile Equipment in the 2004 CGL—An Update

2005-10-01 | Craig F Stanovich

Insurance professionals must make determinations whether 'mobile equipment' is subject to motor vehicle registration and financial responsibility laws or compulsory insurance laws. Craig Stanovich provides advice.

Liability Insurance

CGL—Fire Legal

2005-04-01 | Craig F Stanovich

Craig Stanovich explains that policyholders who rent space are presented with exposures that may not be properly handled by standard "fire legal" or "damage to premises rented to you" CGL coverage.

Liability Insurance

CGL—Covered Locations

2004-12-01 | Craig F Stanovich

The CGL policy is subject to its actual terms and conditions, including the policy territory. Craig Stanovich takes a look at the many facets of what constitutes "covered locations."

Liability Insurance

The New ISO Commercial General Liability Policy: A Summary of December 2004 Policy Changes

2004-10-01 | Craig F Stanovich

Craig Stanovich reviews the changes to the current October 2001 edition CGL policy and discusses two completely new ISO forms dealing with electronic data and product withdrawal.

Liability Insurance

Additional Insured Changes in the CGL

2004-05-01 | Craig F Stanovich

Craig Stanovich discusses the new changes to the additional insured endorsements and the introduction of a limitation to the definition of 'insured contract' characterized by ISO as coverage reductions.

Liability Insurance

The 2004 ISO CGL Policy

2004-04-01 | W Jeffrey Woodward

In March, Insurance Services Office, Inc. (ISO) began filing a revision of the standard commercial general liability (CGL) insurance coverage form, scheduled for implementation with policies written or effective on or after December 1, 2004. In this article, Jeff Woodward looks at the most significant revisions.

Liability Insurance

Known Injury or Damage

2003-10-01 | Craig F Stanovich

Craig Stanovich looks at the history behind the provision that coverage ceases for all subsequent CGL policies once certain insureds learn of any continuing injury or damage.

Workers Compensation Issues

Workers Compensation and Medicare Conflict over Settlements Update

2003-08-01 | Jim Pocius

There are few new wrinkles with regard to new guidances. Medicare will now allow an offset of costs and fees expended to acquire Medicare approval. Jim Pocius explains.

Liability Insurance

When Is an Insured Not an Insured?

2003-06-01 | Craig F Stanovich

In this CGL Insurance column, Craig Stanovich looks at the first step in accurate coverage interpretation: identifying who is an insured and when protection applies.

Workers Compensation Issues

Illegal Employment Contracts Will Not Protect Employer with Regard to Compensability of Workers Compensation Injuries

2003-04-01 | Jim Pocius

Illegal Employment Contracts and Workers Compensation Injuries Jim Pocius examines situations where employers have attempted to limit workers compensation benefits to their employees, and the courts' response.

Liability Insurance

The CGL Pollution Exclusion

2003-03-01 | Craig F Stanovich

The CGL Pollution Exclusion—The current ISO CGL policy provides littlepollution coverage. Craig Stanovich discusses the history and intricacies ofthe coverage.

Workers Compensation Issues

The Impact of TRIA on Workers Compensation Insurance

2003-02-18 | Christine Fuge

With the passage of the Terrorism Risk Insurance Act of 2002, the landscape of workers compensation insurance has been forever altered. IRMI assesses the ramifications.

Workers Compensation Issues

Changing Information Technology (Part 1)

2002-11-01 | Martin F McGavin

In the first of two articles, Martin McGavin examines new risk management information technology and illustrates its advantages.

Workers Compensation Issues

Can Workers Agree To Waive Workers Compensation Rights in Arbitration and Waiver Agreements?

2002-10-01 | Jim Pocius

Jim Pocius provides his response to the question: Would the Federal Arbitration Act supersede any workers compensation state law and allow these cases to be arbitrated?

Liability Insurance

Duty To Defend in the CGL Policy

2002-08-01 | Craig F Stanovich

This article by Craig Stanovich explains in a clear, concise, and understandable way how the duty to defend provision works in the CGL policy.

Workers Compensation Issues

The Ergonomics Regulation Roller Coaster

2002-06-01 | Christine Fuge

This article reviews OSHA's efforts to implement ergonomic regulations, presents details on the current proposed voluntary program, supplies information on a new legislative challenge, and discusses a recent study dealing with the causes of loss in the workplace.

Workers Compensation Issues

Workers Compensation and Medicare Update

2002-06-01 | Jim Pocius

Jim Pocius provides an update of the problem of conflicting regulations governing workers compensation settlements to Medicare recipients.

Workers Compensation Issues

Achieving Workers Compensation Savings through Medical Bill Repricing

2002-02-09 | Martin F McGavin

Medical bill repricing leads to legitimate and real workers compensation savings, but it does have its drawbacks. Martin McGavin examines the process, including its strengths and weaknesses.

Workers Compensation Issues

Return to Work—A Forgotten Aspect of Workers Compensation

2002-01-01 | Jim Pocius

Jim Pocius examines trends and case law involving returning injured workers to productive lives after industrial injuries, and the importance of doing so for both employers and claimants.

Liability Insurance

The 2001 ISO CGL Revision

2002-01-01 | W Jeffrey Woodward

A new edition of the Insurance Services Office, Inc. (ISO), commercial general liability (CGL) policy was implemented in December. This article summarizes the significant changes in coverage, particularly as respects coverage for Internet exposures.

Workers Compensation Issues

Three Management Processes that Help Reduce Workers Compensation Cost

2001-12-01 | Martin F McGavin

This is a risk management article on workers compensation cost containment on IRMI.com.

Workers Compensation Issues

The Continuing Impact of September 11 on Workers Compensation

2001-12-01 | Christine Fuge

It's been over 90 days since the attacks, and resulting WC payments are estimated to be over $4 billion. This article updates how the various state and insurance regulators are responding.

Workers Compensation Issues

Is an Unbundled Workers Compensation Program Right for Your Company?

2001-08-01 | Martin F McGavin

Most employers assume they must choose between traditional insurance or self-insurance for workers comp. Martin McGavin examines the "unbundling" option, how it works, and its advantages and disadvantages.

Workers Compensation Issues

The Workers Compensation Self-Insurance Decision

2001-08-01 | Christine Fuge

This article discusses self-insurance of workers compensation exposures.

Workers Compensation Issues

Statutes of Limitation in Workers Compensation Cases

2001-08-01 | Jim Pocius

States differ with regard to the amount of time they will allow for a claimant to file a WC claim. James Pocius discusses the variation and provides some cost saving tips for risk management.

Workers Compensation Issues

Workers Compensation and Medicare

2001-05-01 | Jim Pocius

Medicare now believes there has been an illegal shift of medical benefits from workers compensation insurers to Medicare. To stem this flow, Medicare hopes to examine all workers comp settlements, even when claimants do not qualify for Medicare benefits. See what may be in store in this controversial area.

Liability Insurance

Insurance Coverage Disputes and Society's Problems

2001-05-01 | Jill B Berkeley

Unfortunately, insurance coverage disputes mirror casualty and liability losses throughout the world. This article examines recent litigation involving insurance coverage disputes and violent crimes and sexual assaults.

Workers Compensation Issues

Workers Compensation and Course of Employment

2001-02-01 | Jim Pocius

Discussing the meaning of an employee being in the course of employment relating to workers compensation laws.

Liability Insurance

Coordinating Persons Insured in Primary and Excess Liability Policies

2001-02-01 | Richard Rudolph

Too often little attention is paid to exactly how coverage follows the various insureds from underlying policies into umbrella/excess layers. Learn three important points to review when coordinating coverage: the named insureds; the additional insureds; and insured-versus-insured provisions.

Liability Insurance

Gun Violence and the CGL Policy

2001-02-01 | W Jeffrey Woodward

The gun violence public policy debate has moved into the courts where individual, class-action, and governmental plaintiffs are all seeking to hold firearms manufacturers and distributors legally liable for injuries caused by guns. Learn how the First Circuit court's unwillingness to view such claims as anything other than 'bodily injury arising out of your product' suggests that CGL coverage in such litigation will be hard to establish.

Liability Insurance

Spoliation of Evidence: The Next Frontier for Insurance Coverage Battles

2001-01-01 | Jill B Berkeley

Over the past several years, courts have fashioned a new cause of action deriving from products liability cases when evidence is destroyed, lost, or altered: spoliation of evidence. Does the post-1986 ISO, CGL policy cover this loss? See why this author thinks so.

Liability Insurance

Who Wants to Be an Insured?

2000-12-01 | Richard Rudolph

It is common for businesses to involve multiple corporate, partnership, and joint venture entities, and there are a number of subtle nuances that can effect how insurance coverage applies to these entities. Care must be taken to identify them and assure that insured status is properly provided under CGL policies. Learn how in this insightful article.

Workers Compensation Issues

The Employer/Employee Relationship in Workers Compensation

2000-11-01 | Jim Pocius

In these changing business times, it is often difficult to discern who the real employer is with regard to the employer/employee relationship. The traditional employer/employee relationship is being eroded as employers turn to temporary agency workers, independent contractors, and leased employees to enhance their competitive advantage. This article explains the common-law method of defining the employer/employee relationship and provides cost saving tips for risk management.

Workers Compensation Issues

Jurisdiction in Workers Compensation Cases

2000-09-01 | Jim Pocius

When it comes to workers compensation benefits, some states are much more generous than others. Learn how jurisdiction is determined, what problems can arise when more than one state is involved, and risk management tips for saving time and money.

Workers Compensation Issues

The Employee Leasing Decision

2000-08-01 | Christine Fuge

Employee leasing offers a variety of benefits, including a possible reduction in net expenses. However, it is not a strategy without risk. This article reviews some of the issues to assess when considering this option.

Liability Insurance

When a Breach of Contract Constitutes an Accident

2000-07-01 | Jill B Berkeley

Courts that confuse damages arising in "tort" with damages arising in "contract" overlook an important legal principle, as well as misuse the concept of "negligence" in the insurance context. The argument that concludes no coverage exists for breach of contract actions puts the cart before the horse. Jill Berkeley explains.

Workers Compensation Issues

A Review of the Longshore and Harbor Workers Compensation Act

2000-03-01 | Christine Fuge

This article discusses Federal longshore and harbor workers compensation insurance.

Liability Insurance

When Negligent Conduct Does Not Constitute an Accident

2000-03-01 | Jill B Berkeley

Jill Berkeley looks at how courts have answered the question of when does negligent conduct constitute an accident, and when does it not.

Liability Insurance

Additionally Insured or Held Harmful?

2000-03-01 | Richard Rudolph

Use of the additional insured and the hold harmless clause approach without some other modifications to the CGL policy can result in a risk being ineffectively transferred or not transferred at all, contrary to the expectations of the parties. Richard Rudolph explains.

Liability Insurance

The 1999 CGL Insuring Agreement: ISO's "Montrose Endorsement"

2000-03-01 | W Jeffrey Woodward

ISO has revised the CGL insuring agreement to address "known loss" issues raised by the California Supreme Court in Montrose Chemical v Admiral. Find out how significant the new restrictions on coverage are.

Workers Compensation Articles

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