Contractor Policy Forms and Endorsements

 Whether you are an experienced contractor, or a new venture, you need to be aware of the different policy forms and endorsements available for your business.

 Contractual Liability

Liability imposed on an entity by the terms of a contract. As used in insurance, the term refers not to all contractually imposed liability but to the assumption of the other contracting party's liability under specified conditions.

 Action Over Coverage / 3rd Party Action Over

An “action over” (also called a “third party over action”) is a type of action in which an injured employee, after collecting workers compensation benefits from the employer, files a tort claim against a third party whose negligence allegedly caused the employee's injury.

 For an Action Over policy, this is not an endorsement that can be added to a policy. This would be a policy form type.  If you have a policy does not have Action Over on it (no exclusions for injury to employees), your policy would need to be cancelled and then issued with a carrier that provides this policy form to include this coverage.

 Primary / Non-Contributory

Primary and non-contributory endorsements or policy language make a specific insurance policy PRIMARY, meaning, to go first, and non-contributory, meaning, without contribution, over other insurance policies of a specific party; this party is typically an additional insured.

Tools and Equipment

For a standard General Liability policy, tools and equipment need to be endorsed on the policy, and in some cases, equipment coverage is not available on a policy, which means the General Liability would need to be moved to another carrier, or a separate policy issued.  Tools would cover any terms left in your work truck or on a job site should they be stolen.  Equipment would be if you have an excavator, backhoe, skid, etc.

 

 CLAIMS

It does not matter what business you have, or if you have auto and home coverage, there is always the risk of an incident or accident happening.  In the case of a contractor, it could be something as simple as a ladder falling, and breaking a glass table.  Recently, we had a contractor that was working on the second floor of an apartment on the balcony; he accidentally dropped a hammer, and hit a pedestrian walking on the sidewalk below.

 Some of the claims we’ve experienced are…

 1.    A plumber fixing or replacing pipes.  A leak happens, causing damage to the personal property of the unit owner and/or building damage.  Even if it was not the plumbers fault, the plumber is liable.

 2.    An excavator digging for any reason (pool, foundation, etc).  The excavator could have all of the permits for the job, but accidentally goes down a bit too far & hits a pipe, whether a water pipe, gas pipe, or electrical pipe.

 3.    A roofer changing a roof or doing repairs.  Things could slide off the roof, and hit a person, pet or vehicle, or ALL three.  You could be looking a large lawsuit should any of these happen.

If you would like to discuss insurance coverages, call our office at 845-627-2130.


Brian Cameron
Cameron Group, Inc
845-627-2130

 

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