Tattoo and Body Piercing Policy

1. Introduction

This policy addresses the specific needs of tattoo and body piercing operations. While there are many issues that are met by the standard commercial property or commercial general liability policies, there are others that need special attention. Capitol Specialty Insurance Corp has developed endorsements that address these special needs such as infections, liability for piercings, work done at conventions/shows, and other activities.

The policy is issued by Capitol Specialty Insurance Corp through Allen Financial Insurance Group.

Other features include:

A. Limited coverage for infectious diseases.

B. Amendment for tattoo body piercing.

C. Named artist professional services endorsement.

As the policy uses some standard ISO forms as a base, only the specialty endorsements will be discussed here. The ISO forms in use for base coverage are the CP 00 10 Building and Personal Property Coverage Form, CP 00 90 Commercial Property Conditions, CP 01 40 Exclusion of Loss Due to Virus or Bacteria, CP 10 30 Causes of Loss – Special Form, CG 00 01 Commercial General Liability Coverage Form, IL 00 17 Common Policy Conditions, IL 00 21 Nuclear Energy Liability Exclusion Endorsement, IL 09 35 Exclusion of Certain Computer—Related Losses, IL 09 53 Exclusion of Certified Acts of Terrorism, CP 10 32 Water Exclusion Endorsement, and other general endorsements.

2. Contact

Allen Financial Insurance Group /AFIG Entertainment/The Equestrian Group

12424 N 32nd St. Suite 101

Phoenix, AZ 85032

www.eqgroup.com

Jay Pallante III

Program Underwriter

[email protected]

3. Underwriting Guidelines

Eligible exposures are those that adhere to certain standards. Like any medical facility, proper use of gloves and needles is required. Records and after care instructions to clients must be documented and recorded. Licensing is required if required by the state. Shops that reuse gloves or needles are not eligible for coverage, nor are shops that perform tattooing or piercing at their clients' premises or perform tattooing on intoxicated clients. This does not include work at exhibitions or conventions. Prohibited are shops that pierce the genital areas of any customer under the age of 18, tattoos on minors under age 15, tattooing of the eyeball, and branding or scarification work.

4. Limits

Limits from $100,000 to $3,000,000 are available. Property deductibles can range from $500 to $2,500.

5. Limited Coverage for Infectious Diseases

This endorsement provides coverage for “bodily injury” if the insured is legally obligated to pay for the transmission of an “Infectious Disease” which occurs in the operation of the insured's business and at the insured's premises. “Infectious Disease” is defined as any of the listed diseases arising out of the performance of professional services that the insured is qualified to perform. If the insured is not qualified to perform a service and does anyway, there is no coverage for any resultant transmitted disease. The covered diseases are as follows:

Acquired immunodeficiency syndrome or human immunodeficiency virus or exposure to anyone having said syndrome or virus or fear of contracting said disease or virus

Gonorrhea

Syphilis and related syphilis virus

Venereal disease

Herpes and all related herpes viruses

Chlamydia

Genital warts

Any sexually transmitted disease

MRSA (Methicillin—Resistant Staphylococcus Aureus)

Staph infection

Standard defense coverage is provided and claims are paid if they occurred within the coverage territory and are reported during the policy period. Injuries to employees, volunteers, or independent contractors are excluded. It is not uncommon for tattoo shops to have guest artists appear and offer tattoos to customers. These are hired as independent contractors and as such are treated the same as employees.

6. Amendment—Broad Form Tattoo & Body Piercing

This endorsement provides coverage for body piercing limited to ears, eyebrows, genitals, naval, nipple, nose, lip, hand, axilla, foot, surface piercings, dermal anchors and tongue as well as tattoos. Coverage is excluded for tattoos and body piercings to those under the age of fifteen except for ear piercings.

The endorsement also provides an extension of coverage when tattooing is conducted at conventions, artists shows, exhibitions or fairs.

7. Professional Services Liability Endorsement—Named Artist

This form allows for certain artists to be added to the policy by schedule. Coverage applies for bodily injury, property damage, or personal and advertising injury arising out of the rendering or failure to render any service, treatment, advice or instruction for the purpose of skin enhancement. Many tattoo artists have become quite well known and tattoos from them are sought after. If a shop features a particular artist for a special event, day, or other time period, the shop should add this person to the policy so that the shop remains protected.

8. Exclusion—Specified Therapeutic or Cosmetic Services

While the ISO commercial general liability form CG 22 45 specified therapeutic or cosmetic services exclusion is used here, the scheduled operation that is excluded is particular to tattoo shops; it is the tattooing of the eyeball or any procedures not listed in the policy. Eyeball tattoos are created by the injection of pigment directly into the eyeball. Ophthalmologists are against the procedure since it can lead to infection, perforation, hemorrhages or blindness. While there are medical reasons such as scarring that would make a corneal or eyeball tattoo a reasonable procedure, eye professionals are against them for solely decorative purposes.