February 2014
For most businesses, the liability exposures are the most severe and at the same time often the most complex of all the property/casualty exposures. Whereas property, business earnings, and dishonesty exposures are limited to the value of the property or income exposed, and workers compensation is limited by statute, there is no certain monetary ceiling on liability claims that might be made against an insured. A large liability claim (or claims) against the insured can put the insured out of business, so it is critically important that the survey examine with great care both the many liability exposures and the various insurance coverages that can be written to protect against them.
Named Insured:
D/B/A:
Address:
City, State:
Phone:
FAX:
e-mail:
Named Insured is a(n) ___Individual ___Partnership ___Corporation ___Limited Liability Corporation ___Joint Venture ___Other
General business operations:
States/territories in which insured has operations:
Location addresses:
Loss control contact name/phone:
____1. Does the insured have any worldwide exposures?
____2. Check insured's operations, premises owned or occupied, and payroll and sales records against the Declarations and latest audit statements of the various liability policies, using the rating manuals for reference, to determine whether: a)limits of liability are adequate for probable maximum exposure; note especially the aggregate limits; b)all premises, operations, products, and activities of the insured or on the insured's behalf are recognized and properly included in the coverage; c)rating classifications are proper for all the exposures insured; d)proper premium bases—area, payroll, sales, etc.—have been used.
____3. Obtain premium and loss information for the current experience period, including reserves for open claims. Compare this data with experience modifications, if any, under the policies. Also determine the extent to which any aggregate limits in the policy have been used up or reduced by payment of loss or by pending claims.
____4. Are all liability risks of the insured written by the same insurer? If not, can they be?
____5. Is insured large enough to be eligible for retrospective rating? For a program of self-insured retention with excess liability over the retained limits? Consider possible advantages and disadvantages for insured with each.
____6. Umbrella coverage should be considered.
____7. All liability policies should be checked to see whether they apply on an occurrence or a claims-made basis. For occurrence coverage, has any previous policy for the same coverage been on a claims-made basis? If so—as well as for all present claims-made policies—check for gaps in the continuity of coverage for undiscovered claims not covered by a present occurrence policy or, for a claims-made policy, occurring prior to the policy's retroactive date. Has extended reporting period coverage been provided to fill the gap in coverage? If not, can it be purchased?
____8. Are limits of liability adequate?
____9. Has the insured ever filed for bankruptcy?
____10.Has the insured ever been cancelled or non-renewed?
____11.What is the insured's loss history?
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