10.02. CGL Coverage A - Insuring Agreement

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Author:
COC2
ID:
214497
Filename:
10.02. CGL Coverage A - Insuring Agreement
Updated:
2013-04-19 11:49:37
Tags:
CGL Coverage Insuring Agreement
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Description:
CGL Coverage A - Insuring Agreement
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  1. Conditions to pay damages
    • insured must be legally obligated to pay
    • must result from BI or PD as defined in policy
    • must be caused by an occurrence
    • must occur during the policy period
    • must not be known before the policy period
  2. Types of damages awarded by a court
    • special damages: out-of-pocket costs such as medical expense or loss of earnings
    • general damages: intangibles such as pain and suffering
    • punitive damages: punish or make example of¬†wrong-holder
    • some states don't recognize punitive damages, and others don't permit the insurer to pay those
  3. BI and PD definitions
    • BI: bodily injury, sickness or disease, including death resulting from any of these at any time
    • includes damages for care, loss of services, death
    • PD: physical injury to tangible property, including loss of use; loss of use of tangible property that is not physically injured
    • electronic data is not tangible property
  4. Coverage Territory
    • territory applying to most claims is US & territories, Puerto Rico, and Canada
    • includes international waters and airspace in the course of travel between 2 insured places
    • can be extended to include the whole world for goods and products and activities, if the suit is made in a covered territory
  5. Continuous injury trigger
    injury or damage is deemed to occur continuously over time as long as injury continues, thus triggering coverage under all occurrence-based policies that were in effect throughout the course of the injury

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