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Businessowners Liability Coverage - Archive
Archived article. BOP insureds have basically the same coverage for premises and operations, products and completed operations, advertising and personal injury and medical payments as a CGL insured. However there are some differences, as described here.
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Comparable to CGL Form
Summary: Insurance Services Office (ISO) has revised the businessowners program. Under the new program, the property and liability coverages and the general conditions have been incorporated into the current form BP 00 03 07 02 . Therefore, the [IDL:BP 00 01 01 97] (standard form), [IDL:BP 00 02 01 97] (special form), BP 00 09 01 97 (conditions), and [IDL:BP 00 06 01 97] (liability) forms have been withdrawn.
In many respects, the liability coverages on the BP 00 03 07 02 are comparable to the occurrence version of ISO’s commercial general liability (CGL) coverage form. Consequently, the businessowners insured has essentially the same scope of coverage for premises and operations, products and completed operations, advertising and personal injury, and medical payments as an insured with the CGL form. However, there are some differences between the two forms, as described subsequently in this discussion. For a further discussion of the CGL provisions, see [IDL:] ,[IDL:] , [IDL:] , [IDL:] , and [IDL:] .
Following is a discussion of the liability coverages in the BP 00 03 07 02. Many insurers may not have adopted the current form, so take this into account when making coverage determinations. Topics covered: Business liability coverageSupplementary paymentsMedical expensesBusiness liability exclusionsExclusions applicable to medical expensesNuclear energy exclusionWho is an insuredLimits of insuranceLiability and medical expenses conditionsLiability definitions
Business Liability Coverage
1. Business Liability
a. We will pay those sums that the insured becomes legally obligated to pay as damages because of “bodily injury”, “property damage”, or “personal injury and advertising injury” to which this insurance applies. We will have the right and duty to defend the insured against any “suit” seeking those damages. However, we will have no duty to defend the insured against any “suit” seeking damages for “bodily injury”, “property damage”, or “personal injury and advertising injury” to which this insurance does not apply. We may at our discretion, investigate any “occurrence” and settle any claim or “suit” that may result. But:
(1) The amount we will pay for damages is limited as described in Paragraph D – Liability And Medical Expenses Limits Of Insurance in Section II – Liability; and
(2) Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements or medical expenses.
No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Paragraph f. Coverage Extension – Supplementary Payments.
Analysis
The most noticeable difference between the businessowners liability form and the CGL is format. In the businessowners liability form, bodily injury and property damage liability as well as advertising and personal injury liability are all insured under one coverage called “business liability.” In contrast, the CGL insures bodily injury and property damage liability under coverage A, and advertising and personal injury through coverage B. The businessowners liability form also provides medical expenses coverage which is equivalent to medical payments coverage (coverage C) of the CGL.
b. This insurance applies:
(1) To “bodily injury” or “property damage” only if:
(a) the “bodily injury” or “property damage” is caused by an “occurrence” that takes place in the “coverage territory”;
(b) The “bodily injury” or “property damage” occurs during the policy period; and
(c) Prior to the policy period, no insured listed under Paragraph C.1. Who Is An Insured and no “employee” authorized by you to give or receive notice of an “occurrence” or claim, knew that the “bodily injury” or “property damage” had occurred, in whole or in part. If such a listed insured or authorized “employee” knew, prior to the policy period, that the “bodily injury” or “property damage” occurred, then any continuation, change or resumption of such “bodily injury” or “property damage” during or after the policy period will be deemed to have been known before the policy period.
(2) To “personal and advertising injury” caused by an offense arising out of your business, but only if the offense was committed in the “coverage territory” during the policy period.
c. “Bodily injury” or “property damage” which occurs during the policy period and was not, prior to the policy period, known to have occurred by any insured listed under Paragraph C.1. Who Is An Insured or any “employee” authorized by you to give or receive notice of an “occurrence” or claim, includes any continuation, change or resumption of “bodily injury” or “property damage” after the end of the policy period.
d. “Bodily injury” or “property damage” will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph C.1. Who Is An Insured or any “employee” authorized by you to give or receive notice of an “occurrence” or claim:
(1) Reports all, or any part, of the “bodily injury” or “property damage” to us or any other insurer;
(2) Receives a written or verbal demand or claim for damages because of the “bodily injury” or “property damage”; or
(3) Becomes aware by any other means that “bodily injury” or “property damage” has occurred or has begun to occur.
e. Damages because of “bodily injury” include damages claimed by any person or organization for care, loss of services or death resulting at any time from the “bodily injury”.
Analysis
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