Territory Definition and Overseas Exposures

July 21, 2015

We have a client that has been operating within the USA but is now expanding to do work on U.S. overseas military installations. We understand the need for Defense Base Act coverage as respects the workers comp. Our question concerns the term “territory” within the general liability policy, specifically the products/completed ops coverage.

Are the overseas bases considered U.S. territory and therefore within the territorial limitations? Foreign liability may be needed, however if the bases are within the policy territory, it may mitigate the foreign exposure.

Your thoughts, please.

Connecticut Subscriber

“Territory” under the terms of the CGL form does include U.S. possessions, but we are not sure if military bases are considered U.S. territory or a possession. These bases exist through mutual contractual arrangement with the host country but U.S. troops guard theses bases. You might want to check with an attorney who is familiar with international law or military law on this point.

As for products/completed ops coverage, “territory” includes all parts of the world if the injury or damage arises out of goods or products made or sold in the U.S. or its territories or possessions. So, if the insured has goods or products it has made in the U.S. and those goods or products cause damage or injury on the overseas territory, the CGL coverage territory applies. If this is not the case, then the coverage territory definition is not met.

Note that this world-wide coverage is provided if the insured's responsibility to pay damages is determined in a lawsuit on the merits in the U.S., its territories and possessions.

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