Commercial General Liability Guide

Transcription

1 AGENT MATERIAL Hanover Education Advantage Commercial General Liability Guide

2 EDUCATION ADVANTAGE Smart schools choose smart coverage. Can your institution afford to be without the best protection? Check out how Hanover s Education Advantage Insurance coverage stacks up. Commercial General Liability Coverage Educational Institution Broadening Endorsement Additional Insured by Contract, Agreement or Permit Aggregate Limit per Location Bodily Injury Redefined to include mental anguish or other mental injury Employee Indemnification Defense Coverage for Employee $25,000 per Policy Limit Property Damage Legal Liability (Fire, Lightning, Explosion, Smoke or Leakage Damage) $1,000,000 limit Additional Insured Primary and Non-Contributory Blanket Waiver of Subrogation Who Is An Insured Extension Included Co-employees and Volunteer Workers Liberalization Clause Unintentional Failure to Disclose Hazards Unintentional Failure to Notify An offer with real impact. The research into traumatic brain injuries continues to provide mounting evidence that concussions can result in serious consequences. Given the real potential for your students to suffer a concussion. Hanover has partnered with ImPACT (Immediate Post-Concussion Assessment and Cognitive Testing), offering computerized concussion management tools and services. Ask your representative for Hanover s ImPACT Concussion Training Bulletin for more information

3 WHO S COVERED? The educational organization, its subsidiaries and any other organization that you have more than 50% ownership interest Newly Acquired or Formed Organizations Covered until end or policy period Insureds include past, present and future while acting within the scope of their duties Trustees, directors and officers as well as their estates, heirs, legal representative spouses and domestic partners Employees, faculty, student teachers, substitute teachers and teaching assistants employed by you and your volunteer workers. Safety Patrol: Any students, parents or legal guardians of students who are volunteer members of safety patrol. Approved Groups: Parent Groups (PTO/PTA), Alumni Groups and Student Groups and their members when the group is sanctioned, approved and organized by the Named Insured. PERSONAL AND ADVERTISING INJURY BROAD FORM Broadcasting and Publication Televised or Videotaped Publication Invasion of privacy The wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy (i.e. from a student residence or faculty housing) Violation of another s copyright, trade dress or slogan in your advertisement False arrest, detention or imprisonment Malicious prosecution or abuse of process Defamation (slanders or libels) a person or organization or disparages a person s or organization s goods, products or services Discrimination based offenses such as unlawful treatment of individuals based upon race, color, ethnic origin, gender, religion, age or sexual preference* Commercial General Liability protects against: Liability associated with underage drinking if you are not in the business of manufacturing, sales, distribution of alcoholic beverages. Liability associated with inadequate enforcement of alcohol or substance abuse policies. Optional Liquor Liability Coverage is available for sales and service Liability associated with athletic injuries arising from sponsored athletic teams Liability associated with athletic injuries arising from acrobatics, gymnastics, tumbling and cheerleading Liability from claims arising from summer camp activities

4 EDUCATION ADVANTAGE Commercial General Liability Coverage Options Student Internship Liability Extends protection to the institution and their students from claims that may arise out of the student s participation in a non-professional supervised internship program in satisfaction of course or curriculum requirements. Incidental Professional Liability Coverage for Educational Institutions Endorsement Protects the institution against bodily injury claims resulting from the rendering or failure to render professional services by your employees to students that are incidental to your educational institution. This includes nursing, psychological, psychometric, guidance counseling, athletic training, speech, hearing, occupational or physical therapy services. Employees hired to provide professional services are covered individually as insureds for providing or failing to provide professional healthcare services (except for physician, dentist, physician s assistant or nurse practitioner) Healthcare services provided in a student health center, infirmary or clinic is included. Sexual Misconduct or Sexual Molestation Liability Protects the insured against injury claims arising out of a single, continuous or repeated exposure to acts of a sexual nature. (This coverage does not include employment related sexual harassment.) Limits provided are separate per occurrence and aggregate and not included in the CGL limits Defense Expense outside the policy limit Innocent Party Defense Coverage for Employees Injury includes bodily injury, mental anguish or emotional distress, certain libel, slander and invasion of privacy claims through oral, written or electronic publication

5 Limited Key Employee Replacement Expense Endorsement Reimbursement for the expense of replacing the key employee position(s) scheduled on the endorsement due to the employee s sudden and accidental death or permanent disability. Key employee replacement expenses means those reasonable and necessary extra expenses listed below that are directly due to a key employee loss which you would not have therefore incurred: Expenses to continue performance of the normal job duties with temporary personnel Fees paid to an employment agency Costs of the replacement employee s moving and relocation Education and training expenses Costs of advertising for the replacement Costs associated with interviewing, investigating, or retraining potential replacements; or First year salary and benefits for the replacement employee in excess of what would have been paid to the original key employee, up to 15%. Educational Institution Limited Pollution Liability for Curriculum or Program Endorsement Amends the Pollution exclusion to provide bodily injury or property damage coverage for pollution incidents arising out of activities and functions that are usual to instruction in the school s educational curriculum or program occurring within nonresidential buildings or structures, including swimming pools, on the named insured s premises. What s covered may include pollution arising out of: Damage to neighbors person or property from above-ground escape of pollutants Escape of chemicals or chlorine gas from swimming pools Escape of chemicals or fumes from laboratory accidents Keeping employees and clients safe is your primary mission. It s ours, too. Designed by industry experts, The Hanover Risk Solutions E-Learning Series, offered by the loss control experts of The Hanover Insurance Group, provides 24/7 online access to a library of short, informative courses created to provide your staff and volunteers with critical training without stressing your time or budget. Ask your representative for more information on Hanover s E-Learning Series.

6 EDUCATION ADVANTAGE Innocent Employee Defense Coverage Endorsement Potentially reimburse the insured for the sums that they voluntarily pay to an employee for the reasonable and necessary defense costs incurred by that employee to defend against criminal charges arising out of their employment. Charges must be dismissed with prejudice or the employee be found not guilty of all criminal charges by a court of law. Additional Supplementary Payments Endorsement Identity Theft Expense Terrorism Travel Expense Emergency Real Estate Consulting Fee Insured s Work Material Expenses Kidnapping Expenses Law Enforcement Professional Legal Liability Coverage Part Coverage on a claims made basis for damages arising out of the insured s breach of duty, negligent act, error, omission, misstatement, or misleading statement committed by the insured s law enforcement or security guard personnel while acting within the scope of their duties. Defense Outside the Limits of Liability Coverage applies to your employed law enforcement or security personnel, armed and unarmed, while acting within the scope of their duties for your educational organization. Coverage applies to allegations of negligence or wrongdoing in the supervision, hiring, employment, training or monitoring law enforcement or security guard personnel False arrest, illegal search and other civil rights violations* Limited Consent to Settle Optional Endorsement (70/0 hammer clause) Punitive Damages Endorsement* Worldwide Defense Optional Endorsement (excludes U.S. government prohibited & sanctioned countries)

7 Hanover Risk Solutions Capabilities Hanover Risk Solutions professionals meet the challenges of Hanover policyholders with a comprehensive array of tools to help reduce your business s risks wherever they arise whether it s in your fleet or your facility, your systems or your staff. For more information on Hanover s Risk Solutions Partners, visit our website at and view the benefits our partnerships offer you: Active Shooter Training Alarm System Testing and Maintenance Alcoholic Beverage Server and Sales Training Automatic Sprinkler Testing and Maintenance Background Checks Concussion Management Disaster & Recovery Planning Driver Monitoring and Training Equipment Theft Prevention & Recovery Industry-Specific Training Resources Risk Management Information for Loss Control Professionals Construction Hazard Training Active Shooter Training Are your employees prepared for an armed intrusion? Our Risk Solutions Partner program has allied with ALICE Training Institute (ATI*), a national provider of online and instructor-led training, to help organizations equip their employees with proactive response information and options during active shooter, mass shooting, and violent intruder events. Ask your representative for Hanover s Active Shooter Training Bulletin for more information

8 EDUCATION ADVANTAGE Why The Hanover? The Hanover is a leading Property and Casualty insurance company dedicated to achieving world-class performance. Our commitment is to deliver the products, services, and technology of the best national companies with the responsiveness, market focus, and local decision making of the best regional companies. This powerful combination has been a proven success since our founding in 1852, and is backed by our financial strength rating of A (Excellent) from A.M. Best. Let s study something together. We re ready to partner with you to take advantage of this market. The education industry is looking for new solutions, and we re ready to help you bring them the flexible, affordable products and services they need. For more information, contact your local Middle Market Underwriter or visit us online at The Hanover Insurance Company 440 Lincoln Street, Worcester, MA 0165 hanover.com The Agency Place (TAP) * Where insurable by law. Note: this is guidance only on how form would be interpreted in certain hypothetical situations. Please review all relevant forms for the applicable terms, conditions, limitations and exclusions. As with any claim, applicable law and the allegations in the complaint and the actual facts developed in litigation will determine whether, and the extent to which, defense and indemnity coverage exists under the policy. The recommendation(s), advice and contents of this material are provided for informational purposes only and do not purport to address every possible legal obligation, hazard, code violation, loss potential or exception to good practice. The Hanover Insurance Company and its affiliates and subsidiaries ( The Hanover ) specifically disclaim any warranty or representation that acceptance of any recommendations or advice contained herein will make any premises, property or operation safe or in compliance with any law or regulation. Under no circumstances should this material or your acceptance of any recommendations or advice contained herein be construed as establishing the existence or availability of any insurance coverage with The Hanover. By providing this information to you, The Hanover does not assume (and specifically disclaims) any duty, undertaking or responsibility to you. The decision to accept or implement any recommendation(s) or advice contained in this material must be made by you. All products are underwritten by The Hanover Insurance Company or one of its insurance company subsidiaries or affiliates ( The Hanover ). Coverage may not be available in all jurisdictions and is subject to the company underwriting guidelines and the issued policy. This material is provided for informational purposes only and does not provide any coverage. For more information about The Hanover visit our website at The Hanover Insurance Group. All Rights Reserved (/17) LC