The parties that qualify as
insureds under liability coverage are described in a paragraph entitled Who Is An Insured.
If so, you may have wondered who qualifies as
an insured under your liability coverage.
Not exact matches
«We
insure, up to the limit of
liability... for this
coverage for direct physical loss not caused by the negligence of an
insured, to property covered
under Section I caused by water or water - borne material, which... backs up through sewers or drains...»
Your landlord, as additional
insured, would generally be barred from making a claim
under your
liability coverage.
Because they're not an additional
insured, there are no concerns about whether or not they qualify as a third party
under the
liability coverage.
That's because
liability is a third - party
coverage designed to protect people who are not
insured under the policy.
If you list them as additional
insured, they're
insured under the policy and likely not eligible to make a claim against your
liability coverage.
If there were to be a fire due to the negligence of the person who was not
insured under your policy, there would be no
liability coverage for them.
Liability is a third - party
coverage, and it's designed to protect people who are not
insured under the policy.
In other words, if his policy covered you, you would not have
liability coverage for burning down his townhome because you're all be
insured under the policy!
Liability coverage does not apply to losses involving only
insureds under the policy.
Your
liability coverage could offer some protection, but it would likely only offer protection to you and your new bride (because she's now a «resident spouse» and therefore
insured under the policy automatically).
In a nutshell,
liability coverage is what pays for accidental damage or injury caused by your negligence to someone else who is not an
insured under the policy.
Additional
insured status could, in some cases, even make
coverage under the
liability section of the policy completely unavailable to your landlord.
This makes them an
insured, but only
under your
liability and medical payments
coverage.
We
insure, up to the limit of
liability shown in the Declarations for this
coverage, for direct physical loss, not caused by the negligence of an «
insured», to property covered
under Section I caused by water, or water - borne material, which:
A landlord being listed as additional
insured can bring trouble if you need to collect
under a tenant's
liability coverage.
In states where stacking is not specifically prohibited,
liability limits
under the uninsured motorist
coverage may be multiplied by the number of cars
insured under a single policy or may be added together where multiple vehicles are
insured under different policies.
Typically in British Columbia you will have two or more injury claims, one against ICBC as your insurer and another against the at fault driver, usually also
insured by ICBC
under third party
liability coverage.
This includes workers» comp, medical payments
coverage, health insurance,
liability coverage and uninsured or
under -
insured motorist
coverage.
Co., where an
insured sought
coverage under a personal
liability insurance umbrella policy for
liability and defense costs arising out of a suit filed against him for alienation of affection by his lover's husband.
Under the Insurance Act, an automobile insurance policy provides
liability coverage to a named
insured and every other person, who, with the named
insured's consent, drives or is an occupant of an automobile owned by the named
insured or named in the policy when the use or operation of the automobile results in loss or damage to others.
The
coverage does this by treating a «dishonest, fraudulent, criminal or malicious» act of either the
insured or of others for whose actions the
insured might be liable (for example,
under the doctrine of vicarious
liability) as an «error, omission or negligent act» as described in the policy.
Jack has over twenty years of experience in numerous types of commercial litigation matters, with substantial representations of clients in many matters involving environmental litigation, including five trials pursuant to the Comprehensive Environmental Response, Compensation and
Liability Act, significant architectural, engineering and construction disputes, business acquisition and transactional disputes, including takeover / merger and acquisition litigation, claims
under purchase and sales and indemnity contracts, securities law litigation, insurance
coverage on behalf of the
insured, and legal issues relating to medical records release and copying.
James J. Noonan is a partner at the firm practicing primarily in the areas of personal injury and insurance defense and particularly on construction litigation, insurance
coverage disputes, motor vehicle, premises
liability, and uninsured /
under -
insured motorist cases.
Under -
insured motorist
coverage provides a source of compensation to an injured party when the existing
liability coverage of the at - fault driver does not fully cover damages.
Obtaining
coverage on summary judgment for a utility as an «additional
insured»
under a contractor's general
liability policy in connection with underlying wrongful death claims.
This new law requires every Maryland insurance company to offer an
insured liability coverage for personal injury claims made by family members in the same amount as the
liability coverage for claims by a non-family member
under the insurance policy.
Directors and Officers and Related
Coverages — We provide analysis and dispute resolution, and litigate a variety of claims by insureds under directors and officers (D&O) liability policies and related c
Coverages — We provide analysis and dispute resolution, and litigate a variety of claims by
insureds under directors and officers (D&O)
liability policies and related
coveragescoverages.
For example,
under the
Liability coverage the definition of
INSURED should look like this:
Common Exclusions: No
coverage for (1) bodily injury / death when you are using your vehicle to carry persons or property (including magazines, newspapers, food) for compensation or a fee; (2)
liability assumed
under a contract; (3) bodily injury / death to an employee; (4) bodily injury / death caused by an intentional act; (5) property owned by, rented to, or in the charge of an
insured person; (6) bodily injury / death to you or relative; (7) bodily injury / death or property damage resulting from a relative's use of a vehicle, other than a covered vehicle, owned by a person who resides with you; or (8) bodily injury or property damage resulting from your operation or use of a vehicle owned by you, other than a covered vehicle.
Step 3: Review your policy to determine if you are over or
under insured and have enough
liability and
coverage to replace all the items on your list should you be required to buy them new.
Many people have the mistaken belief that a home - based business is automatically
insured under the
liability and contents
coverage of a home insurance policy.
That's because
liability is a third - party
coverage designed to protect people who are not
insured under the policy.
The limits of such uninsured motorist bodily injury
coverage shall be equal to the highest limits of bodily injury
liability coverage for any one vehicle
insured under the policy; provided, however, that (i) the limits shall not exceed one million dollars ($ 1,000,000) per person and one million dollars ($ 1,000,000) per accident regardless of whether the highest limits of bodily injury
liability coverage for any one vehicle
insured under the policy exceed those limits and (ii) a named
insured may purchase greater or lesser limits, except that the limits shall not be less than the bodily injury
liability limits required pursuant to subdivision (2) of this subsection, and in no event shall an insurer be required by this subdivision to sell uninsured motorist bodily injury
coverage at limits that exceed one million dollars ($ 1,000,000) per person and one million dollars ($ 1,000,000) per accident.
An «uninsured motor vehicle,» as described in subdivision (3) of this subsection, includes an «underinsured highway vehicle,» which means a highway vehicle with respect to the ownership, maintenance, or use of which, the sum of the limits of
liability under all bodily injury
liability bonds and insurance policies applicable at the time of the accident is less than the applicable limits of underinsured motorist
coverage for the vehicle involved in the accident and
insured under the owner's policy.
(4) The named
insured's underinsured motorist bodily injury
coverage limits, if applicable, shall be equal to the highest limits of bodily injury
liability coverage for any one vehicle
insured under the policy unless the
insured elects to purchase greater or lesser limits for underinsured motorist bodily injury
coverage.
Furthermore, if a claimant is an
insured under the underinsured motorist
coverage on separate or additional policies, the limit of underinsured motorist
coverage applicable to the claimant is the difference between the amount paid to the claimant
under the exhausted
liability policy or policies and the total limits of the claimant's underinsured motorist
coverages as determined by combining the highest limit available
under each policy; provided that this sentence shall apply only to insurance on nonfleet private passenger motor vehicles as described in G.S. 58-40-15 (9) and (10).
In states where stacking is not specifically prohibited,
liability limits
under the uninsured motorist
coverage may be multiplied by the number of cars
insured under a single policy or may be added together where multiple vehicles are
insured under different policies.
For purposes of an underinsured motorist claim asserted by a person injured in an accident where more than one person is injured, a highway vehicle will also be an «underinsured highway vehicle» if the total amount actually paid to that person
under all bodily injury
liability bonds and insurance policies applicable at the time of the accident is less than the applicable limits of underinsured motorist
coverage for the vehicle involved in the accident and
insured under the owner's policy.
(n) Nothing in this section shall be construed to provide greater amounts of uninsured or underinsured motorist
coverage in a
liability policy than the
insured has purchased from the insurer
under this section.
Any motor vehicle
liability policy that
insures both commercial motor vehicles as defined in G.S. 20 - 4.01 (3d) and noncommercial motor vehicles shall provide underinsured motorist
coverage in accordance with the provisions of this subsection in an amount equal to the highest limits of bodily injury
liability coverage for any one noncommercial motor vehicle
insured under the policy, subject to the right of the
insured to purchase greater or lesser underinsured motorist bodily injury
liability coverage limits as set forth in this subsection.
The limits of such underinsured motorist bodily injury
coverage shall be equal to the highest limits of bodily injury
liability coverage for any one vehicle
insured under the policy; provided, however, that (i) the limits shall not exceed one million dollars ($ 1,000,000) per person and one million dollars ($ 1,000,000) per accident regardless of whether the highest limits of bodily injury
liability coverage for any one vehicle
insured under the policy exceed those limits, (ii) a named
insured may purchase greater or lesser limits, except that the limits shall exceed the bodily injury
liability limits required pursuant to subdivision (2) of this subsection, and in no event shall an insurer be required by this subdivision to sell underinsured motorist bodily injury
coverage at limits that exceed one million dollars ($ 1,000,000) per person and one million dollars ($ 1,000,000) per accident, and (iii) the limits shall be equal to the limits of uninsured motorist bodily injury
coverage purchased pursuant to subdivision (3) of this subsection.
Under Delaware's SB 61, an underinsured car is defined as a vehicle «for which there may be bodily injury
liability coverage in effect, but the limits of bodily injury
liability coverage... applicable at the time of the accident are less than the damages sustained by the
insured.»
If your work and home share the same space, you might think that your home - based business is automatically
insured under the
liability and contents
coverage of a typical home insurance policy.
Busy Builders is
insured under a commercial auto policy that includes
liability and physical damage
coverage for hired autos.
Commercial car insurance policies offer many of the same
coverages as the typical personal auto policy, such as bodily injury and property damage
liability, uninsured and
under -
insured motorist, collision and comprehensive and medical expenses.
While many drivers are willing to take this risk and are happy
insuring under the basic
coverage, many others will opt for a full
coverage policy which includes
liability protection as well as collision and comprehensive
coverage.
Well, if you cause an accident, and the minimum
liability coverage limits on your plan can not pay for all the damage, then you're
under -
insured for that situation.
Furthermore, the underwriting guidelines of the insurer will require the
insured to maintain a minimum amount of
liability coverage under these policies.