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You still haven't named your state or answered the lawsuit question.
Is there a CGL that provides work-related injuries to employees?
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ColemanInsurance
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Yes, there is an ongoing lawsuit. I do not want to disclose too much information, as there is pending litigation, but the loss occurred in GA, and the CGL in question would be a GA CGL. Yes, there are requirements for WC, but that is not the matter at hand. The matter at hand is that the "expert" claims the CGL would cover injuries to employees, suffered during their normal course of employment, and whether or not there is a CGL, in existence, or was in existence in 2015, that would have covered the loss. I have never heard of such a CGL, and am just trying to leave no stone unturned in an attempt to assist my lawyer before they depose the "expert"
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The ISO Commercial General Liability Coverage Form CG0001 is ubiquitous throughout the US insurance industry and is the model on which even proprietary commercial liability forms are based.
Is it possible that some insurance company somewhere would extend a CGL to include Employer's Liability without a Worker's Comp policy? I suppose it is remotely possible.
But it's folly to impose on an agent the duty to go beyond what is readily available in the insurance marketplace, especially when the client has declined to purchase a statute mandated coverage.
When your attorney deposes the "expert" he should ask the "expert" to produce a CGL policy that covers Employer's Liability.
Is it possible that some insurance company somewhere would extend a CGL to include Employer's Liability without a Worker's Comp policy? I suppose it is remotely possible.
But it's folly to impose on an agent the duty to go beyond what is readily available in the insurance marketplace, especially when the client has declined to purchase a statute mandated coverage.
When your attorney deposes the "expert" he should ask the "expert" to produce a CGL policy that covers Employer's Liability.
If you're being sued, I wouldn't be discussing it here without the permission of your attorney in the event that this discussion board is discoverable. If so, and the policyholder attorney can cite people here claiming you were negligent in some way, that can come back to haunt you. That being said, I've never seen a CGL policy that covers workplace injuries.
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ColemanInsurance
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ColemanInsurance
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The discovery period is over, otherwise I would not have started this discussion. I appreciate your concern, and agree that I have never seen a CGL cover this loss.
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You also never answered this question: How many employees does this company have?
Georgia requires most employers with three or more full time, part time or seasonal employees to have workers' compensation insurance. If the business is incorporated or a LLC, the corporate officers or members are included in the three or more employee count regardless of whether they exempt themselves from coverage.
If the customer has the number of employees and declined coverage, this is on him
Georgia requires most employers with three or more full time, part time or seasonal employees to have workers' compensation insurance. If the business is incorporated or a LLC, the corporate officers or members are included in the three or more employee count regardless of whether they exempt themselves from coverage.
If the customer has the number of employees and declined coverage, this is on him
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