Also, does either endorsement affect coverage under the medical payments section of the CGL form?

Pennsylvania Subscriber

A

You are correct. The separation of insureds clause (also known as the severability of interest clause or the cross liability clause) in the conditions section of the commercial general liability coverage form makes it possible for one insured to be covered when sued by another insured. In part the clause says, “Except with respect to the Limits of Insurance…this insurance applies…b. Separately to each insured against whom claim is made or 'suit' is brought.” Thus, in spite of being an insured by virtue of the Additional Insured—Club Member Endorsement (CG 20 02 11 85), a member of a club who is injured as a result of the club's negligence could expect the club's CGL form to respond to a claim made against the club.

The same effect results from the attachment of the Additional Insured—Church Members, Officers and Volunteer Workers endorsement (CG 20 22) to a church's CGL form. The church is protected when sued by insured church members, officers and volunteer workers for injury resulting from the church's negligence.

The answer is different with respect to Coverage C, Medical Payments, of the CGL form. Unlike coverage A, Bodily Injury and Property Damage Liability, Coverage C excludes coverage for bodily injury to any insured. However, the additional insured endorsement for churches (CG 20 22) countermands this exclusion by limiting it to exclude coverage for bodily injury “to any insured, except church members or volunteer workers who are not paid a fee, salary or other compensation.” (Presumably church officers and trustees would be subject to the exclusion's exception as long as they received no compensation for their duties. Clergymen, who are otherwise covered by the endorsement, would not be excepted from the exclusion unless they received no compensation for their work.)

On the other hand, the additional insured endorsement for clubs (CG 20 02) contains no such exception to the medical payment's exclusion of bodily injury to insureds. However, it does restrict members' status as insureds to those occasions when they incur liability for the club's activities or their own activities performed on behalf of the club.