What is a “Separation of Insureds” Clause?

Did you know when signing a contract to do business with another entity, you are agreeing to add them as an insured under your Liability insurance? Several months later, an accident may arise from the contracted job, and the other party sues you for damages. Can you file a claim for this suit under the policy that covers both of you? If so, isn’t this like the party suing itself, because the same policy that covers them as an insured is the one under which they’re now attempting to collect damages?

The answer to the first question is “yes, you can file that claim.” A standard Liability policy will cover a suit by one of its insureds against another unless there’s a specific endorsement prohibiting such coverage. Under such a “separation of insureds” clause, all policy provisions apply “separately to each insured against whom a claim is made or suit is brought.” So, from the policy perspective, the key issue is whether an insured is being sued — not who’s bringing the suit. As with any other claim, whether the policy pays for the damages will depend on a determination of liability and applicable coverage limitations and exclusions.

Although the insured party is attempting to collect under a policy that covers them, legally they aren’t suing themselves, but another insured; and the “separation of insureds” clause allows coverage for such situations.

Protection for “insured vs. insured” claims provides a valuable benefit under your liability coverage. However, bear in mind that any damages for such claims will drain your coverage limits. So, be careful about which and how many additional insureds you allow to be covered by — and yet still sue you and collect under — the policy you purchased just to protect yourself!

If you’d like more information, please feel free to get in touch with our Business insurance professionals. We’re here to serve you. 877-994-6787

Advertising the Safe Way

 Congratulations! That new billboard outside your office is the talk of the town. It’s no wonder that advertising is a critical element in the success of most companies. For several  businesses, however, it’s an incidental activity that’s not part of the firm’s primary business.

All advertising involves a risk exposure. In many cases, your Commercial General Liability policy will include Advertisers Liability protection. However, be aware that this coverage is limited.

For coverage to apply, a third party must have suffered a business injury as a result of certain specific actions that occurred during the course of your company’s advertising activities. Among the most common activities are:

  • Oral or written publication of material that slanders or libels another
  • Oral or written publication that violates a person’s right of privacy
  • Misappropriation of advertising ideas or style of doing business
  • Infringement of copyright, title, or slogan

If your company has a potential advertising liability exposure that might fall outside these areas, the chances are that you need specific coverage. In any case, it’s always a good idea to review coverages so that you’re aware of the risks that you might face — whether you decide to insure them or not.

For a review of your business coverages, please feel free to get in touch with us today.

One of our Protection Coaches® can provide advice on the types and amounts of coverage a business owner needs. Here are 4 Easy Ways to Reach Us:
Call 951-600-5751 or 877-994-6787
Fax 951-677-6265
Email – [email protected]
Visit agency.thebutlerweb.com

Protect Your Business From Fire

A recent report describes the fire-protection systems in many of the nation’s assisted living facilities are dismal. Many are missing basic safeguards such as smoke alarms and sprinklers. As a result, these facilities have suffered an average of one fatal fire per month during the past five years. In an industry this large, and with deep emotional implications, this matter will continue to receive nationwide press coverage.

This media attention should help businesses in all industries understand the importance of adequate fire protection. The cost of updating these systems pales in comparison to the huge emotional, physical, and economic damages that a single fire can cause.

As a business owner, you need to ask yourself these questions:

  • Is your structure capable of withstanding a blaze?
  • Is your staff aware of safety measures to both prevent and combat a fire?
  • What about your surroundings? Are the businesses near or next to you prepared?
  • If the worst were to happen, how long would it take your business to bounce back?

Although it might take intensive effort to protect your building against fire, carrying the proper insurance is one decision you can make immediately. Invest in comprehensive Property and Business Income coverages today!

Contact us for more information on how these policies can help your business bounce back after a fire or other disaster. Our team of knowledgeable business insurance experts for your free insurance quote at 877-994-6787, that’s 877-99-INSURE!