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Liability Insurance
for Professionals
Commercial General Liability (CGL): This coverage
protects businesses from claims arising from alleged
bodily injury, personal injury or property damage
liability arising from your operations. It includes
protection for civil suits arising from services
rendered, products sold or operations in general
including coverage for accidents occurring in and around
premises owned or occupied by the Insured. Coverage
payments include judgments, attorney fees, court costs,
or other related expenses.
General liability insurance covers the client for:
"those sums that the insured
becomes legally obligated to pay as compensatory
damages because of "bodily injury" or "property damage"
to which this insurance applies."
Some of the causes of action out of
which legal obligations for property damage, bodily
injury and personal injury arise are as follows:
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Negligence - Not only are
people responsible for the intentional harm they
cause, but their failure to act as a reasonable
person would be expected to act in similar
circumstances (i.e. "negligence") will also give
rise to compensation. Negligence, if it causes
injury to another, can give rise to a liability suit
under tort. Negligence is always assessed having
regards to the circumstances and to the standard of
care which would reasonably be expected of a person
in similar circumstances. Everybody has a duty to
ensure that their actions do not cause harm to
others.
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Gross negligence - Between
negligence and the intentional act there lies yet
another, more serious type of negligence which is
called gross negligence. Gross negligence is any
action or an omission in reckless disregard of the
consequences to the safety or property of another.
(depends on the circumstance whether it would be
covered).
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Absolute liability - A
type of liability that arises from extremely
dangerous operations. An example would be in the use
of explosives: A contractor would almost certainly
be liable for damages caused by vibrations of the
earth following an explosive detonation. With
absolute liability it is usually not necessary for a
claimant to establish that the operation is
dangerous. See also Strict Liability.
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Strict liability - Usually
used when referring to Products coverage. The
liability that manufacturers and merchandisers may
be subject to for defective products sold by them,
regardless of fault or negligence. A claimant must
prove that the product is defective and therefore
unreasonably dangerous. See also Absolute Liability
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Vicarious liability - When
a person is held responsible for the tort of another
even though the person being held responsible may
not have done anything wrong. This is often the case
with employers who are held vicariously liable for
the damages caused by their employees
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Liability assumed by the
insured under contract refers to liability
incurred when one promises to indemnify or hold
harmless another. It does not refer to liability
that results from breach of contract, which is
generally uninsurable.
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Trespass to persons or to
property - Unlawful interference with another's
person, property or rights. Theoretically, all torts
are trespasses.
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Nuisance - Excessive or
unlawful use of one's property to the extent of
unreasonable annoyance or inconvenience to a
neighbour or to the public. Nuisance is a tort
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Statutory Liability - The
written laws approved by legislatures, parliaments
or houses of assembly (i.e., politicians). Also
known as "legislation" provided that the legal
obligation imposed by statute relates to a covered
event, i.e. property damage or personal / bodily
injury. Statutory Liability can be related to
Directors & Officers Liability and similar coverages
in respect to source deductions, taxes, unpaid
wages, severance and termination pay, and corporate
law, or it can related to Environmental Liability
flowing from environmental law or to CGL type
exposures as with the Occupiers Liability Acts and
Innkeepers Acts
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