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Identify and describe the three primary purposes of excess
liability/umbrella policies (LO1) - ANSWER ✔ 1. Provide additional
limits that are excess over underlying limits of insurance
2. Provide primary coverage when underlying poliy does not respond
beacuse its aggregate limits of insruance are exhausted.
3. Provide broader coverage than the exsiting underlying insurance
Compare and contract the insuring agreement known as pay on behalf
and indemnify (LO5) - ANSWER ✔ Pay on Behalf of
- The insure has stricter control of defense, investigation or settlements
- The insurer pays damages directly to third party on behalf of
-The insure has the duty to defend when the underlying does not
provide coverage
Indemnify
,- strict indemnity (insured uses their own funds directly to pay claims
and insurer reimburses)
- based on legal obligations to pay (insured still has control but
indemnity is based on legal obligation to pay - insurer write checks to
insured)
excess liability coverage forms and commercial umbrella liability policy
- ANSWER ✔ 1. follow forms
- hella short
- "basically what underlying says but more money"
- does NOT provide broader coverage
2. excess liability
- own insuring agreement and stuff
- could be the same, narrower, broader
3. commercial umbrella liability policy
- own insuring agreement and stuff
- broader coverage
Define "Self-Insured Retention" (SIR) and apply it (LO2) - ANSWER
✔ SIR is the dolllar amount listed in the declarations paid by the named
insured before the excess insurance becomes applicable
,Applies only when the excess policy provide broader insurance
protection
Does not apply when the umbrella drops down over exhausted limits or
when exceee over underlying limits.
SIR may be written per occurrence or policy period basis
Explain the importance of concurrent dates and be able to provide
solutions for non-concurrency situations (LO3) - ANSWER ✔
Concurrent dates means the policy period of the excess/umbrella policy
are the same as those of the underlying insurance policies
The declarations of the excess liability has a schedule of underlying
insurance that indicates the required limits that are to be in effect at its
effective date.
The underlying limits must be unimpaired at the effective debate of the
excess liability
Describe the underlying insurance requirements of excess
liability/commercial umbrella policies and apply the in a practical
applications. (LO4)*** - ANSWER ✔ Coverage
Most insures typically require CGL, Business Auto and Employer
Liability
Other liability policies may be required for other known exposure such
as aircraft, Iiquor liability, watercraft
Limits of Insruance
, limits required by varies by insurer
Some exposures require higher underlying limits
The required limits must be in full effect at the effective date of the
policy period
types of damages, defense costs, and ultimate net loss in Excess liability
and umbrella policies
what is the coverage area - ANSWER ✔ damages
- follow form follows underlying
- excess liability/commercial umbrella (pay because of bodily injury and
property damage as defined or pays because of personal advertising
injury as defined)
defense
- duty to defend
- not duty to defend in some cases (still right to defend)
- defense cost included within the SIR is often referred to as first dollar
defense
ultimate net loss (different ways to pay this- what the court says must be
paid)
- all sums paid or payable in settlement