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Critical Gap in Contractor Insurance Filled by CPPI

Posted by David Ross on Sun, Feb 11, 2018

CPPI Insurance Protection Tips for Contractors in PA, from Philadelphia to Pittsburgh and points in between.Contractors, how confident are you in your contractor insurance coverage? Did you know that there might be a potentially costly gap in your Commercial General Liability Insurance policy (CGL) that you may not be aware of?

CGL is a standard insurance policy that protects you against liability claims for bodily injury and property damage related to your business activities.

It helps cover legal costs such as court costs, attorney fees, and police report costs in the event of a lawsuit filed by an employee, contractor, client, vendor, etc. and judgments or settlements that result in the lawsuit.

Many banks and clients require this coverage, which makes CGL one of a contractor’s best friends.

Errors in Judgment are Usually NOT Covered by CGL Insurance

But with progressively more complicated projects and blurred lines between professional services and construction duties and responsibilities, financial loss due to errors in judgment are increasing and are usually not covered by CGL. There is also an exclusion in most CGL policies - the “absolute pollution exclusion” - that can leave a gap in your coverage and expose your business to risk.

 

Pollution & Professional Insurance (CPPI) – 4 Key Coverages

Contractors pollution and professional insurance (Aka contractors protective professional indemnity coverage or CPPI) addresses most of the pollution and professional liability coverage gaps in a CGL with four key coverages.

#1) Professional liability coverage

On a traditional project, an architect or engineer provides the design services, and a contractor implements the design. However, as projects continue to increase in complexity, the line of responsibility between the design firm and contractor are becoming blurred, and contractors are taking on nontraditional risks that a CGL policy may not cover.

Professional liability coverage extends beyond the traditional understanding of “professional services” to include engineering work, design work, construction management operations, and construction process services such as shoring and dewatering. 

#2) Protective liability coverage

This extends coverage when you are held responsible for the actions or omissions of another person. Protective liability coverage provides excess coverage over the contracted design professional’s policy if its policy limits are insufficient, protects you if the design professional’s coverage is no longer available, and acts as a difference-in-condition coverage if the CPPI is broader than the underlying professional policy.

#3) Mitigation expense

It’s usually less expensive to fix a problem discovered during construction right away rather than wait until after the project is completed. This coverage – also called “mistake coverage” - allows you to fix a problem before it becomes a claim. 

#4) Pollution liability

With the increased focus on the environment and a growing list of pollution sources, contractors are more exposed to pollution and environmental losses than ever. Even if you aren’t engaged in pollution remediation, you probably work with and dispose of fuels, solvents, and other chemical wastes.

Most CGL policies offer limited coverage for bodily injury and property damage caused by pollutants, but the absolute pollution exclusion (and similar exclusions) included in most CGLs and auto policies leave contractors open to liability for damages such as the incidental transportation of waste or the development of contaminated sites. CPPI covers claims such as damage to soil, water, air, animal life, and plant life caused by a pollutant release; the cost to clean up, treat and restore damaged resources as a result of a pollutant release; and pollution losses related to the transportation of a pollutant.

If You’re a Contractor You Likely Need CPPI Protection!

A broader understanding of what “professional services” are and the various exclusions in most CGL policies mean that almost every contractor should have CPPI coverage, so if you're a contractor, don't take chances!

Contact Us for the Right Contractor Insurance Protection

Contact us for CPPI insurance in Philadelphia, Pittsburgh, Erie, Allentown, Lancaster, Reading, Harriburg, PA and surrounding states.Call our experienced independent agents at American Insuring Group at (800) 947-1270 or (610) 775-3848 or click here to connect with them online to learn if there are any potentially costly gaps in your CGL policy.

You can rest assured that they’ll find you the right coverage at a great price!

Tags: Contractor Insurance, Commercial General Liability Insurance, CPPI Insurance, Commercial Insurance

Commercial Insurance and Faulty Workmanship

Posted by David Ross on Sun, Aug 13, 2017

You need the right Commercial General LIability Insurance to protect you against lawsuits. This applies to Contractors Insurance and other types of business in Pennsylvania and beyond.We live in a litigious society, and no matter how careful you are or how small your business is, you may find yourself at the wrong end of a lawsuit. Every year more than 100 million lawsuits are filed in the U.S. every year, according to Rocket Lawyer.

Thirteen percent of small business owners have faced a lawsuit, according to Hiscox. And according to courtstatistics.org, the median cost for a business lawsuit starts at $54,000. “Nearly half of these cases resulted in negative consequences, including financial impact, loss of customers or damaged reputations,” according to Thrive.

Commercial General Liability Insurance

Commercial General Liability Insurance (CGL) is essential if you want to protect your business from lawsuits. CGL covers your business in the event of a liability claim for bodily injury and property damage and from advertising and personal injury liability caused by your services, business operations or employees. It usually covers the cost of your legal defense and any damages if you are found liable (up to your policies limits).

The Insurance Information Institute offers these examples of circumstances that are generally covered by a CGL policy:

  • A customer visiting your business trips on a loose floor tile and is injured.
  • An employee forgets to turn off the water and causes significant damage to a customer’s property.
  • Someone files a class action lawsuit against your business, alleging advertisements constituted misleading information. 

Faulty Workmanship and CGL

We are all human. Sometimes things go wrong: an improper installation or a defective product. What if you install a water heater incorrectly, which causes an explosion with significant damage to your customer’s property, and they sue you for the damages? Will your CGL policy cover you?

Generally, the answer is yes. The CGL policy is designed to pay for property damage to a customer's property, even if the contractor installed it improperly.  It is not designed to pay the contractor to rip it out and replace it in the proper way.  That would be the Workmanship exclusion, but damage from a water heater explosion would typically be covered.

Every policy is unique, but here are two common exclusions in CGL policies that may result in a claim being denied:

  • “Your Work” Exclusion – This exclusion is meant to prevent someone from using a CGL policy as a guarantee of their work. It usually excludes coverage on property damage that is caused by faulty or defective workmanship
  • “Your Product” Exclusion – This exclusion prevents coverage for damage to an insured’s product in the event of a defect in that product.

These are just two of the exclusions that may be included in your CGL policy. There are many other exclusions that can result in your claim being denied. Understanding these exclusions and knowing your options will help you protect your business. For example, there is optional insurance that can be purchased that may cover you in the event of faulty workmanship - Contractors Faulty Workmanship Coverage or an Errors and Omissions Insurance Policy.

 

Get Help - Contact the Commercial Insurance Experts!

CGL policies can be complex, so it’s always a good idea to speak with an experienced and knowledgeable independent insurance agent. At American Insuring Group, we pride ourselves on answering questions you may not have thought to ask and making sure you have the right insurance for your business, all at a great price.

Call American Insuring Group at (800) 947-1270 or (610) 775-3848 or contact us online to learn about Commercial General Liability Insurance of all kinds, including Contractos Faulty Workmanship Coverage and Errors and Ommissions Insurance.

Tags: Commercial Insurance, Commercial General Liability Insurance, Business Insurance, CGL, Contractor Insurance, Errors and Omissions Insurance, Commercial Liability Insurance