CGL Form Changes FAQ.4

Will a notice be attached to renewals to advise Insured’s of these changes?
Yes, a policyholder notice will go out, giving an overview of the changes. It will also be posted on the broker portal. Your underwriter can supply you with a hard copy if needed.

Are other insurers adopting the changes that have been made to the IBC wording?
Some insurers already have General Aggregate Limits in their CGL wordings. Check with your other markets to find out if they have already done so, or will be implementing them.
There is a limitation in the definition of Insured Contract for leased premises that seems to take away coverage that the insured may need under the conditions of the lease agreement.
The restriction has been added to preclude coverage when the insured is liable solely because of the contract they have signed with the lessor. Coverage is not excluded with respect to their tort legal liability (as opposed to contract) for damage caused by negligence. Under the CGL, property damage to rented premises is excluded because it is covered under the Tenants’ Legal Liability section of the policy, as long as that liability arises from negligence by the insured and not just the provisions in the lease.


Are the coverage changes being “read in” to all policies effective January 1, 2006?
No. The changes will take effect on renewal. For example, a risk with an expiry date of April 15, 2006 will be subject to the new wordings as of that date.


Will you write OL&T coverage (Owners’, Landlords’ and Tenants’ Liability)?
ING does not have a separate OL&T form. Normally, we prefer to write the entire risk. In exceptional cases where only OL&T coverage is desired, we would restrict our CGL by excluding the Products-Completed Operations hazard. Note that the General Aggregate would continue to apply.

Can you give examples of claims that have prompted changing the policy language?
You can find some examples in our response to the first FAQ about “known losses.” With respect to the implementation of a General Aggregate, this is a pro-active and prudent change to ensure that there is a cap on the limits provided by the CGL. Past examples include pollution incidents, which manifest over long periods of time. These exposures were not considered when pricing CGL coverage many years ago. ING liability wordings now
exclude pollution that can result in these types of losses. Defence costs continue to be in addition to the limit, and there is a separate limit on TLL, as well as on Products-Completed Operations, which are not subject to the General Aggregate Limit.


How does the General Aggregate Limit affect coverage for Products-Completed Operations?
It doesn’t apply. Products-Completed Operations is still subject to a separate aggregate limit, as it was prior to this revision. The General Aggregate applies to premises/operations, personal injury, advertising injury and medical payments.


Is libel/slander covered if an insured commits such an offence on their web site?
Though excluded in the past, now under Section B, the policy will respond to personal injury offences made on the insured’s web site (subject to policy conditions, exclusions, etc.).


Now that you do not exclude internet-related operations from your coverage, does this mean that you are a market for internet-related businesses?
ING does not write media liability coverage, which is the coverage recommended for Internet Service Providers and similar businesses. The coverage provided by the CGL is limited; it is designed for the insured who has a web site for advertising their products and services. If they are doing business over the internet, e.g., financial transactions, obtaining confidential information, etc., they would be advised to look into media liability coverage in addition to CGL. The CGL may respond to offences made on a web site or in an advertisement. There is no coverage for loss of information, viruses, financial losses, etc.