Who is an insured?

November 21, 2018

 

This week we want to focus on the various types of individuals names as insureds on your policies as well:

 

1. Your “volunteer workers” only while performing duties related to the conduct of your business, or your “employees.”

 

However, there are some exceptions.  None of these “employees” or “volunteer workers” are insureds for:

  •  Bodily injury or personal and advertising injury: (a) To you, to your partners or members to a co-“employee” while in the course of his or her employment or performing duties related to the conduct of your business, or to your other “volunteer workers” while performing duties related to the conduct of your business;  (b) To the spouse, child, parent, brother or sister of that co-“employee” or “volunteer worker”; (c) For which there is any obligation to share damages with or repay someone else who must pay damages; or (d) Arising out of his or her providing or failing to provide professional health care services.

  • Property damage to property: (a) Owned, occupied or used by, (b) Rented to, in the care, custody or control of, or over which physical control is being exercised for any purpose by you, any of your “employees,” “volunteer workers,” any partner or member (if you are a partnership or joint venture), or any member (if you are a limited liability company).

2. Any person (other than your “employee” or “volunteer worker”), or any organization while acting as your real estate manager.

 

3. Any person or organization having proper temporary custody of your property if you die, but only: (1) With respect to liability arising out of the maintenance or use of that property; and (2) Until your legal representative has been appointed.

 

4. Your legal representative if you die, but only with respect to duties as such.

 

5. Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However:

  •  Coverage under this provision is afforded only until the 90th day after you acquire or form the organization or the end of the policy period, whichever is earlier;

  • This coverage does not apply to “bodily injury” or “property damage” that occurred before you acquired or formed the organization; and

  • Coverage B does not apply to “personal and advertising injury” arising out of an offense committed before you acquired or formed the organization.

No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations.

 

If you have additional questions as to who is insured under your policy, please feel free to contact our office.

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