| An insurance
policy is designed for a particular coverage area
(auto coverage for autos, professional liability
for professional acts, general liability for non-professional
exposures, etc.), certain situations might bring
in multiple liability policies on a single claim.
For example, if a client is injured while visiting
your office for an appointment:
- Is the injury filed as
a professional claim (defended by your professional
liability policy) since it was a professional
service appointment?
- Or is it a premises claim (your general liability
policy) since they were injured while in your
office?
The simple answer is it could be both. The defense
provided by your policies will hinge on the specific
facts of the allegation filed against you by the
injured party. There are few, if any, legal prohibitions
against raising multiple issues in a single complaint.
In fact, it’s to the injured party’s
benefit to do so, since your insurance carriers
still must defend against the entire complaint
even if many of the allegations, if proven, wouldn’t
fall under that particular policy’s coverage.
So the injured party has created a scenario
in which the odds are that at least one of your
insurance carriers is going to pay something for
some part of this claim — even if the majority
of the allegations are dismissed. It only takes
one successful allegation to secure a payment
under your liability coverage.
A key issue in preparing for such possibilities
is proper coordination of your coverage provisions
among your policies. Multiple allegations, while
attempting to draw to the table as much coverage
as possible, also might uncover unintended gaps
where no coverage exists.
Contact
us for a complete review of your coverages,
whether handled by our agency or not, to look
for possible gaps and to arrange the best possible
coordination among your coverage providers. |