October 2013 Intro Page

 

Dec Page

 

The article of the month deals with coverage under the Longshore and Harbor Workers Compensation Act. This federal law was designed to provide the benefit of workers compensation to employees who work in maritime employment upon the navigable waters of the United States and who are usually considered outside the scope of state compensation laws.

 

Also included in this article is a discussion of the Jones Act, otherwise known as the Merchant Marine Act of 1920. This federal law provides that a seaman injured in the course of his employment by the negligence of the owner, master, or fellow crew member can recover damages for his injuries.

 

Both federal workers compensation laws are discussed in the article as well as court cases that have interpreted the laws. .

 

The Dec Page also offers the first part of an article written by Don Malecki, consulting editor, on the subject of the ISO commercial general liability manual rules dealing with those classifications that automatically include products and completed operations liability coverage. This coverage exists without the insured having to purchase or the insurer having to rate that coverage separately. The article analyzes the coverage and points out some advantages and disadvantages facing the insured and the insurer when it comes to the automatic coverage.

 

Questions and Answers

 

If an injured insured gives more work hours to employees to cover the hours she normally worked, does the income continuation portion of the PIP endorsement apply? See Income Continuation under PIP Endorsement. Does the nonowned and hired auto endorsement include within its definition bodily injury and property damage that occurred on the premises of an insured and caused by a hired subcontractor's vehicle that was on the property to maintain the property? See Nonowned and Hired Auto Endorsement Coverage.

 

The property manager has his own CGL form. The owner of the building has his own general liability form with the manager listed as an insured under this policy. When a claimant injured on the property sues both the property manager and the property owner, both insurers claim excess coverage status. Are both policies excess coverage? See Primary Coverage Versus Excess Coverage. What is the difference between a waiver of subrogation and the alternate employer endorsement when it comes to workers compensation coverage? See Waiver of Subrogation Versus Alternate Employer Endorsement.

 

 

Pest Control Services:

 

The Insurance Services Office (ISO) has developed a market segments program providing specialized coverage for certain insurance markets. This program offers wrap around endorsements that are used to enhance the coverages provided by standard coverage forms, like the commercial property and general liability forms. The article on the Commercial Pes- pages discusses the pest control services market segments program. The form used is MS PE 01 10 13. The article points out the changes made by MS PE 01 to the commercial property form, the causes of loss form, and the general liability coverage form. Endorsements that can be used with MS PE 01 are also noted.

 

 

Businessowners Property Coverage, Part I:

 

The property section of the Businessowners form offers replacement cost coverage or an actual cash value option. Beyond this, much of the coverage under the form is similar to that available through ISO's commercial property program. This discussion focuses on the property coverages of form BP 00 03 07 13, with any differences from the earlier special form BP 00 02 12 99 indicated. See Businessowners Property Coverage, Part I.

 

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