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WALDORF RISK SOLUTIONS Insurance Reference Guide Property & Liability Program 30 Prospect Street P. O. Box 590 Huntington, New York 11743 Phone: 800.275.9762 Fax: 631.424.3610 E-mail: [email protected] Website: www.waldorfinsurance.com
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Page 1: Insurance Reference Guide Property & Liability Program · WALDORF RISK SOLUTIONS . Insurance Reference Guide . Property & Liability Program . 30 Prospect Street . P. O. Box 590 .

WALDORF RISK SOLUTIONS

Insurance Reference Guide

Property & Liability Program

30 Prospect Street

P. O. Box 590

Huntington, New York 11743

Phone: 800.275.9762 • Fax: 631.424.3610

E-mail: [email protected]

Website: www.waldorfinsurance.com

Page 2: Insurance Reference Guide Property & Liability Program · WALDORF RISK SOLUTIONS . Insurance Reference Guide . Property & Liability Program . 30 Prospect Street . P. O. Box 590 .

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THIS DOCUMENT OF COVERAGE AND OVERVIEW IS DESIGNED TO FACILITATE YOUR

UNDERSTANDING OF CERTAIN INSURANCE PHRASES AND COVERAGE INTERPRETATIONS.

THIS IS A REFERENCE GUILD ONLY.

THIS DOCUMENT IS NOT YOUR INSURANCE POLICY.

NOT ALL OF THE COVERAGES REFERRED TO IN THIS GUIDE MAY APPLY TO YOU.

SPECIFIC DETAIL, INCLUDING EXTENSIONS, CONDITIONS, EXCLUSIONS AND LIMITATIONS,

CAN BE FOUND IN THE POLICY DOCUMENTS ON FILE IN YOUR BUSINESS OFFICE. PLEASE

REFER TO THE POLICY CONTRACT FOR SPECIFICS THAT MAY APPLY.

NOTICE OF EXCESS LINE PLACEMENT.

SOME OF THE INSURANCES THAT WE ARRANGE FOR YOU ARE PLACED WITH

CERTAIN UNDERWRITERS AT LLOYD’S. LLOYD’S IS CONSIDERED A NON-ADMITTED OR

SURPLUS LINES CARRIER AND NOT SUBJECT TO LOCAL STATE SUPERVISION OR LICENSE

REQUIREMENTS. IN THE EVENT OF INSOLVENCY YOU WOULD NOT HAVE ACCESS TO A

STATE GUARANTEE FUND. YOU WOULD, HOWEVER, HAVE ACCESS TO THE LLOYD’S

CENTRAL FUND WHICH CURRENTLY HAS A SOLVENCY SURPLUS OF $4.6 BILLION

EXCEEEDING THEIR REGULATORY CAPITAL REQUIREMENTS.

SURPLUS LINES BUSINESS HAS A TAX AND FEE ASSOCIATED WITH IT DEPENDING

UPON THE STATE IN WHICH A RISK IS LOCATED. WHERE APPLICABLE, THIS ALONG WITH A

STAMP NOTICE OF SURPLUS LINES PLACEMENT APPEARS IN THE DOCUMENTS PROVIDED.

NEITHER THIS INSURANCE GUIDE NOR THE COVERAGE OVERVIEW REPLACE OR

SUPERSEDE YOUR INSURANCE POLICIES.

Page 3: Insurance Reference Guide Property & Liability Program · WALDORF RISK SOLUTIONS . Insurance Reference Guide . Property & Liability Program . 30 Prospect Street . P. O. Box 590 .

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Contents

SECTION I

Detailed Description of Coverages -

Property …………………………………………………………………………… 6

Comprehensive General Liability ….………………………………… 9

Sexual Misconduct …………………………………………………………… 10

Excess Liability ………………………………………………………………… 11

Professional Liability ……………………………………………………… 12

Directors & Officers

Errors & Omissions

Employment Practice Liability

Employee Benefits Liability ……………………………………………… 13

Crime ………………………………………………………………………………… 14

Automobile Liability & Physical Damage …………………………. 15

Equipment Breakdown (Boiler & Machinery) ……………..…… 16

Workers’ Compensation ……………………………………………………17

How to File a Claim………………………………………………… 19

International Workers’ Compensation …………….…. 20

Travel Accident ………………………………………………………………. 23

Sports Accident ………………………………………………………………. 24

Excess Club Sports .…………………………………….………………….. 25

SECTION II

Protecting Your Property - Certificates of Insurance ……….…… 27

Protecting Your Liability Insurance .………………………………………... 28

SECTION III

Reporting Property & Liability Claims ………………………………………. 32

Reporting Automobile Accidents ………………………………………………. 33

SECTION IV

Renovation and new construction …………………………….…………...... 35

SECTION V

Forms -

Automobile Addition, Deletion & Replacement……………….. 37

Claim Report….……………..……………………….………….…… 40

Loss Notice.….……………………..………………………….……… 43

Property Claim Report ..……….…………………………………………. 44

Liability Claim report………………………………………………………. 45

Continued...

Page 4: Insurance Reference Guide Property & Liability Program · WALDORF RISK SOLUTIONS . Insurance Reference Guide . Property & Liability Program . 30 Prospect Street . P. O. Box 590 .

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Property Addition……………………………………………………………. 46

Property Deletion……………………………………………………………. 48

Property Amendment ………………………………………………………. 49

Course of Construction …………………………………………………. 50

Certificate of Insurance ………………………………………………... 52

Page 5: Insurance Reference Guide Property & Liability Program · WALDORF RISK SOLUTIONS . Insurance Reference Guide . Property & Liability Program . 30 Prospect Street . P. O. Box 590 .

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SECTION I

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Property

Buildings & Contents

This coverage will reimburse you for the loss or damage to the property you own or for which you are

liable.

Property includes buildings, contents, outside structures, i.e., statues, fences, lighting fixtures, stained

glass, fine arts, computers and related EDP and media equipment.

The perils insured against include, but are not limited to, fire, lightning, windstorm of any kind,

explosion, vandalism, burglary, theft, water damage, flood and earthquake.

In most cases coverage will provide the cost to replace or repair the damage without depreciation

due to age or condition. Replacement Value shall be deemed to include the functional replacement

of such property that is obsolete or replaceable with more efficient items not more expensive than

replacement cost of the original, these items to function or operate and produce the same or similar

quality article, effect or objective.

Actual Cash value will apply if such real and/or personal property is not repaired or replaced or rebuilt

on the same or another site within two years from the date of loss.

Sub-limits may apply to certain classes of property; please refer to the policy schedule.

The Schedule of Locations/Values reflects the estimated or appraised replacement value. The total

value of each building and its contents becomes a blanket limit which is available for any one loss,

any one location. There is no coinsurance clause in this policy.

A deductible will apply to each and every occurrence as reflected in your policy documents.

Miscellaneous Property

The following property is insured subject to the limits and deductible on the schedule:

Fine Arts, Antiquities, Relics and Sacred Vessels – Works of art, owned and non-owned, are

insured up to the limit as stated on your Coverage Overview. Artwork, which is known to be of

significant value, should be appraised in order to avoid any question of value at the time of

loss.

Lawns, Plants, Trees & Shrubs – Coverage is provided for the direct physical loss or damage to

Lawns, Plants, Shrubs or Outdoor trees at a covered location caused only by fire, lightning,

explosion, riot, civil commotion, vandalism, theft or aircraft, including the expense incurred in

replacing the same and in removing debris. A sublimit applies to each occurrence.

Personal Effects – The personal effects of members of your community/organization are insured

anywhere in the world subject to the limit and deductible as shown in your Coverage

Overview.

Personal effects of employees are insured only when the employee is traveling on your behalf

anywhere in the world. This coverage is in excess of any other insurance available to the

employee.

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Property in the Course of Construction and New Acquisitions – It is important that you notify us if

you undertake new construction, major alterations or acquire new property. These must be

endorsed on the policy.

Transit - Coverage is provided without reference to a schedule to reimburse the loss of property

in transit from an insured peril.

Valuable Papers – Coverage is provided without reference to a schedule to reimburse the loss

of valuable papers from an insured peril. This coverage includes electronically recorded data.

Accounts Receivable – Outstanding accounts which you are unable to collect because

records have been destroyed by an insured peril will be paid to you under this coverage and

up to the limit.

Computers – Loss or damage to computers and EDP are treated as a loss to any other property

loss.

Watercraft – Only if scheduled and advised to Underwriters, this policy would provide all risk

coverage for hull and related equipment.

Consequential loss/damage

Where a loss occurs that is covered under the Property policy, one or more of the following coverages

may be triggered as a consequence of that insured property loss:

Expediting Expense – This will pay the cost of temporary repair and of expediting the repair of

such damaged property including overtime.

Extra Expense - Payment will be made for the extra expense incurred in order to continue

normal operations following an insured loss to the buildings or contents.

Loss of Income (Business Interruption) - When an insured loss to a building or its contents causes

an interruption of normal business activities and/or a loss of income, coverage will pay that

income for a maximum of 180 days or until occupancy can be resumed.

Rental Income - You will be reimbursed the income lost from rental property if the property is

damaged or lost due to an insured peril.

Decontamination – If insured property is contaminated as a direct result of a loss covered by

this policy and a law requires decontamination of the property, decontamination expenses will

be paid.

Pollution Clean Up - Coverage will pay the cost associated with the extraction of pollutants

from land or water at any location owned by you or from land or water immediately adjacent

thereto but only if the release, discharge or dispersal of the pollutants is a direct consequence

of a loss or damage to property insured.

Demolition & Increased Cost of Construction – Coverage will pay the cost to demolish and

remove the remains of a standing structure following loss by an insured peril when the local

governing authority dictates that the entire structure must be demolished before any

renovations or repairs may be started.

If a repair requires installation of systems that were not in place prior to the loss due to

imposition of building codes, this cost will be paid up to the sub-limit.

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Professional Fees – Following an insured loss, additional fees for architects, engineers,

accountants, attorneys and consultants are included as part of the loss.

Leasehold Interest - Coverage will reimburse you for a loss to secure a lease, improvements

and betterments as well as advances of rent when the property is damaged by an insured loss

and becomes untenable.

Service Interruption - Coverage will respond to the direct loss of property including additional

expense and the loss of income that is the result of loss of heat, light, power, gas, water,

outgoing sewage, telecommunications or similar service.

Common Policy Exclusions:

Aircraft or motor vehicles designed and licensed primarily for highway use whilst located away

from the premises of the Assured;

Loss or damage caused by or resulting from vermin or insects, inherent vice, latent defect,

wear, tear or gradual deterioration, dampness of atmosphere, smog; or loss or damage by

normal settling, shrinkage or expansion in building or foundation;

Error in design, faulty workmanship or faulty or unsuitable materials;

Standing timber or growing crops;

Animals, unless owned by the Assured or in the Assureds’ care, custody or control, held within a

covered property and used within your business, which has been declared to and agreed by

Underwriters;

Property while covered under import or export ocean marine policies;

Power Transmission and Feeder Lines more than one statute mile from the Assured’s premises;

Land and land values,;

The cost of excavations, grading, backfilling or filling;

Lawns, trees, shrubs or plants, all except as covered within this policy;

Bridges, roadways or tunnels;

Contraband or property in the course of illegal transportation or trade;

Bulkheads, pilings, piers, wharves or docks;

Asbestos or any Personal Property containing any Asbestos. However this Policy insures asbestos

physically incorporated in an insured building or structure, and then only that part of the

asbestos which has been physically damaged during the Policy period by a Peril not otherwise

excluded by this Policy, which is the immediate, sole cause of the damage to the asbestos.

Vacant Property:

A building is considered vacant when it is not rented or not used to conduct normal customary

operations. Buildings under construction or renovations are not considered vacant.

If the building where loss or damage occurs has been vacant for more than 90 consecutive days

before that loss or damage occurs, Underwriters will not pay for any loss or damage caused by any of

the following perils:

Vandalism;

Water damage; Sprinkler leakage, unless you have protected the system against freezing;

Building glass breakage;

Theft;

Attempted theft.

With respect to perils insured against other than those listed Underwriters will reduce the amount they

would otherwise pay for the loss or damage by 15%.

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Comprehensive

General Liability

The named insured includes the entity--all members, employees, students, and volunteers while acting

within the scope of their duties. As such, they may expect defense and indemnification if they are

included as defendants in a lawsuit.

Policy Form - Occurrence

This policy will provide defense and pay on your behalf those claims where you are found negligent in

causing personal injury, or damage to the property of others.

Personal injury is not limited to bodily injury but also includes libel, slander, defamation of character,

false arrest, etc.

Coverage is provided for the payment of medical expenses incurred to treat a person who is injured

on your property and required immediate first aid.

Coverage is not limited to incidents that take place on the premises but applies on a worldwide basis

without limitation.

Claims based upon the following allegations are included:

Failure to render proper medical care (malpractice).

Injury to athletic participants caused by your negligence.

Claims resulting from the improper service of alcoholic beverages at events incidental to

your mission.

Allegations of emotional harm due to improper advice or consultation.

Damage to vehicles caused by your negligence while parked on your premises.

This is a duty to defend policy and as such your insurer will assign an attorney to represent your interests

in any legal proceedings.

Page 10: Insurance Reference Guide Property & Liability Program · WALDORF RISK SOLUTIONS . Insurance Reference Guide . Property & Liability Program . 30 Prospect Street . P. O. Box 590 .

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Sexual Misconduct

This policy will provide defense and pay on your behalf those claims where allegations of sexual

misconduct are made against persons in your employ or those for whom you are responsible.

The stated deductible and limit of liability on your Coverage Overview, and reflected in your policy

documents, applies to each claim inclusive of defense costs.

Policy Form – Claims Made

A claims-made policy is triggered by a claim made during the policy period for an injury that occurred

after the policy’s retroactive date.

Retroactive Date

This date defines the extent of coverage in time under a claims-made policy. The retroactive date is

the date from after which an incident must have taken place in order to be a valid claim under a

claims-made form.

Coverage will not apply to:

Any Sexual Misconduct that was known to any Senior Leader prior to the inception date set

forth in the Declarations.

Any pending or prior civil, criminal, or governmental administrative and/or investigative

proceeding, of any kind, involving any Insured, as of the inception date set forth in the

Declarations.

Any Sexual Misconduct by a Known Perpetrator.

This will not apply if a report of Sexual Misconduct was made to a Senior Leader, formally investigated

Senior Leader, and the investigation determined the there was no basis in fact and such finding was

documented in records maintained by any Insured in the ordinary course of business

DEFINITIONS

“Senior Leader” means the Trustee, Director, President, Chancellor, Headmaster, Provost, Dean,

Chief Financial Officer, Chief Executive Officer, Chief Operational Officer, Risk Manager, Cardinal,

Bishop, Head of the Religious Order sponsoring the Named Insured, other person holding an equivalent

role in senior management or leadership (religious or otherwise),Attorney and / or duly constituted

Committee or Board who, separately or together, are or were responsible for investigating and

responding to reports of Sexual Misconduct at the time an incident, claim, demand, suit, action, of

any kind, was made.

“Known Perpetrator” means any person who has had an incident, claim, demand, suit, or

action, of any kind, arising out of or based upon that person's alleged Sexual Misconduct, where such

incident, claim, demand, suit, or action was known to and/or investigated.

Page 11: Insurance Reference Guide Property & Liability Program · WALDORF RISK SOLUTIONS . Insurance Reference Guide . Property & Liability Program . 30 Prospect Street . P. O. Box 590 .

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Excess Liability

This policy follows the terms and conditions to the underlying limits available for any one occurrence as

scheduled on the primary policies. Therefore, the limits are in addition to those scheduled underlying

limits available for any one occurrence.

In the event the primary policy limit is exhausted due to the payment of claims, this policy will “drop

down” and become primary.

Excess Liability coverage provides protection for a catastrophe where a claim or number of claims

resulting from a single occurrence exceeds the limits of the primary liability insurance. This coverage

will follow the coverage afforded in the primary policies.

Page 12: Insurance Reference Guide Property & Liability Program · WALDORF RISK SOLUTIONS . Insurance Reference Guide . Property & Liability Program . 30 Prospect Street . P. O. Box 590 .

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Professional Liability

This policy provides coverage for the wrongful acts of the institution, all elected or appointed

administrators, directors, officers, faculty, and members of the sponsoring religious organization,

employees, students and volunteers while acting within the scope of their duties.

A wrongful act is defined as a breach of duty, neglect, error, misstatement, omissions, non-

employment discrimination, wrongful expulsion, detention, false arrest, or an invasion of privacy of a

student or copyright violation.

This policy provides coverage for claims that could involve any of the three areas of liability as follows:

Directors & Officers - Covers decisions made by those in their capacity that direct the work of

the organization.

Errors & Omissions - Covers the errors made in carrying out the directions of the board. It

includes claims that allege failure to carry out the mission of the entity, i.e., failure to educate in

the case of a school.

Employment Practice Liability - Covers claims where an employee alleges discrimination;

failure to promote wrongful termination; breach of written or implied employment contract;

harassment; discrimination due to age, race, color, religion or sexual orientation; violation of

A.D.A.; retaliation; and failure to promote or grant tenure.

Defense Costs are only provided for wage and hour claims, subject to a sublimit.

Date of Continuity - The date from which claims may be made relating to incidents that took place

from that date.

Retention - This policy includes a retention which is the amount you must bear for defense and/or

settlement. It is a duty to defend policy, and therefore the insurer reserves the right to appoint legal

counsel to protect your interest.

Policy Form – Claims Made

A claims-made policy is triggered if the claim is made during the policy period for an injury or damage

that occurred after the policy’s retroactive date. The insurance company affording coverage on a

claims-made form is not responsible for any losses occurring prior to the retroactive date.

Page 13: Insurance Reference Guide Property & Liability Program · WALDORF RISK SOLUTIONS . Insurance Reference Guide . Property & Liability Program . 30 Prospect Street . P. O. Box 590 .

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Employee Benefits

Liability

Employee Benefits Liability is an errors and omissions policy designed to protect against errors made in

the administration of employee benefit plans--typically, failure to include an eligible employee.

Fiduciary Liability is included to protect against claims relating to the investment of pension funds or

advice given to employees relative to benefits. It deals with the breach of duty to advise and counsel

that which exists between the employer and employee.

Page 14: Insurance Reference Guide Property & Liability Program · WALDORF RISK SOLUTIONS . Insurance Reference Guide . Property & Liability Program . 30 Prospect Street . P. O. Box 590 .

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Crime

Money & Securities

The burglary, robbery or theft of negotiable instruments is insured whether the loss occurs on the

premises or in transit.

Employee Fidelity

This policy will reimburse you for the fraudulent acts of an employee causing you the loss of money,

securities or other property including the following:

Embezzlement

Forgery and Alteration

Mysterious Disappearance

Computer Fraud

Credit/Debit Card Fraud

Satisfies ERISA requirement that those who handle fund be bonded.

Discovery Period

Underwriters shall be liable for a Loss discovered and reported in writing within one year following

either the expiry date or the termination date set forth in the cancellation notice.

Page 15: Insurance Reference Guide Property & Liability Program · WALDORF RISK SOLUTIONS . Insurance Reference Guide . Property & Liability Program . 30 Prospect Street . P. O. Box 590 .

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Automobile Liability &

Physical Damage

Liability

This policy will defend you and pay on your behalf those claims that allege bodily injury and/or

property damage to others resulting from your negligent operation of a vehicle.

The benefits of the no-fault/personal injury in the state where your vehicle is registered will be

available to you and your passengers.

Non-owned and hired car liability coverage is available as protection for you when an employee

uses their car on your behalf or when you hire a car.

If you are injured by an uninsured or underinsured motorist, this coverage will pay the judgment

you secure against that motorist. It applies only to bodily injury claims.

Physical Damage

If your vehicle is stolen, damaged by fire, vandalized, or if the glass is broken from any cause, the

cost to repair the damage will be reimbursed to you. If your car is damaged as a result of a

collision with another vehicle or object, the cost to repair the damage will be paid less any

deductible.

Losses are settled on an Actual Cash Value basis subject to the policy deductible.

Vehicles carrying comprehensive insurance have full glass coverage where no deductible is

applicable.

Rental reimbursement is available following an insured loss subject to a 48-hour deductible and a

daily limit.

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Equipment

Breakdown

This coverage is carried to insure losses that relate to the mechanical breakdown of equipment.

Equipment in this sense includes boilers, air conditioning, refrigeration systems and electrical

equipment. In the event a loss occurs, do not dispose of the damaged property until an adjuster can

inspect it.

Included are many items that are excluded on standard Equipment Breakdown forms, such as:

Conveyors

Computers

Elevators and Escalators

Furnaces.

When there is an accident to covered equipment, the following coverages are available:

Property Damage (repair or replacement, includes resultant damage to other property of

the Insured)

Off-Premises Property Damage (repair or replacement of transportable equipment away

from a covered location)

Business Income (actual loss sustained, including payroll coverage)

Extra Expense (costs to maintain operations)

Service Interruption (electricity, water, gas, communications, refrigeration, air conditioning,

waste disposal, heating, air or steam)

Contingent Business Income (business loss caused by an accident at a supplier’s location)

Perishable Goods (spoilage)

Data Reconstruction (costs to restore computer data)

Demolition (costs to comply with building laws requiring demolition)

Ordinance or Law (costs to comply with other building laws)

Expediting Expenses (temporary repairs or expedite permanent repairs)

Hazardous Substances (additional costs from substances hazardous to health)

Newly Acquired Locations (all coverages, not just property damage).

Other policy features include:

Brands and Labels (loss of value from removing brand names)

Course of Construction

Errors and Omissions

Joint or Disputed Loss Agreement (joint loss with Commercial Property coverage)

Jurisdictional Inspections (a valuable service for owners of boilers and pressure vessels).

Page 17: Insurance Reference Guide Property & Liability Program · WALDORF RISK SOLUTIONS . Insurance Reference Guide . Property & Liability Program . 30 Prospect Street . P. O. Box 590 .

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Workers’ Compensation

The laws of your state require that you compensate your employees for their job-related injuries or

sickness.

The insurer providing this coverage will pay, at the direction of the Workers’ Compensation Board, the

medical expenses, lost wages, rehabilitative expenses, and other awards related to an occupational

injury.

The premium charge is based upon payrolls for each category of employee. When the policy is

issued, an estimated payroll is used and this is adjusted after the expiration date of the policy to reflect

the actual payroll. The premium charge at inception is considered a deposit, and a final premium is

assessed once the final payrolls are known.

Part B of the policy is Employer’s Liability. This is provided to protect you in suits brought by those, other

than the employee, who claim to have been affected by the job-related accident.

The employee’s sole recourse against the employer is Workers’ Compensation. However, a spouse or

child could bring suit for loss of the injured worker’s companionship alleging negligence on the part of

the employer.

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International

Workers’ Compensation

This coverage provides the benefits of Workers’ Compensation for those employees working outside

the U.S. including local nationals.

Employer’s Liability insurance is provided and subject to specific limits.

Medical evacuation and repatriation coverage is provided for each employee for a limit as stated in

your policy.

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Travel Accident

Based upon the “Class” below, Travel Accident coverage will be provided as follows:

Class C-28: Accidental Death Benefit provides 24-hour coverage, business or pleasure travel, for a

schedule of named senior executives, deans and faculty.

Class C-12: Accidental Death Benefit provides 24-hour business travel only coverage for all employees

not included in C-28.

Class C-49: Provides coverage for those in Class C-28 while taking a personal deviation from a

covered business trip.

These benefits are subject to reduction beginning at age 70.

In addition to the above benefits for employees, there is a dependent benefit available in the event a

spouse or child (children) of an eligible employee sustains an accidental death while accompanying

the insured employee on a business trip.

Employees have available to them the benefits of Worldwide Assistance Services. These services are in

response to a medical emergency while the employee is traveling as described above.

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Sports Accident

This policy will pay the medical expenses as a result of an injury sustained in the playing or practice of

a varsity or club sport. Coverage is in excess of that otherwise available.

A deductible will apply to each and every loss.

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Excess Club Sports

This policy provides excess coverage over the primary limit provided by the policy for club sports. Club

sports do not enjoy the excess coverage provided by the NCAA program.

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SECTION II

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Protecting Your

Property

Certificates of Insurance

What is a Certificate of Insurance?

A Certificate of Insurance is a form that verifies a policy has been written for the named insured and

states the general coverage of the policy and shows the policy period. A sample certificate follows.

To request a Certificate of Insurance, please complete and return to us the form located under

Section V – Forms.

What is an Additional Insured?

When our insured is using someone else’s facility, that property owner may ask the insured to provide

evidence of insurance and be named as an additional insured. The Certificate is a statement that the

property owner will be covered for property damage and bodily injury caused by your negligence

when using that facility. Our coverage will be primary for any organization listed as an additional

insured and pay any defense and indemnity costs.

Why should we list the dates and location of our events on a Certificate?

We list dates when we are using a facility for an event. The insured is responsible for property damage

and bodily injury only during the dates on the Certificate.

When should we ask others for a Certificate?

A certificate will also protect you when an outside organization uses your facility. You should request

that the Certificate specify the activity, date and location of use. The outside organization should

name you as an additional insured. This will make their insurance primary while they are using your

facility.

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Protecting Your

Liability Insurance

You might be called upon to allow others to use your facilities. There is nothing wrong in agreeing to

such utilization, but you should require the protection of user’s liability insurance for their negligent acts

while on your premises.

This is simply done by requesting evidence of their insurance naming you as additional insured. This

has the effect of requiring their insurer to defend you and possibly pay any judgment against you.

Obviously, this is only going to happen if the incident is related to their activity.

The same would apply to those who come on your premises to do work or provide a service.

Contractors who provide food service, housekeeping and security all fall into this category.

The following are two sample certificates which give the required wording and coverages. Generally

speaking, requiring a certificate will not increase their premium.

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SECTION III

Page 28: Insurance Reference Guide Property & Liability Program · WALDORF RISK SOLUTIONS . Insurance Reference Guide . Property & Liability Program . 30 Prospect Street . P. O. Box 590 .

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Reporting

Property & Liability

Claims

If there is a loss to your own property:

1. Secure the area to make certain further loss of property or person is minimized.

2. Notify our office of the occurrence and the estimated cost to repair or replace the

property.

3. We will then determine the necessity of assigning an adjuster.

For liability claims involving injury to a third party, damage to someone else's property or claims

relating to employment practice:

1. Provide the injured person with whatever first aid is dictated.

2. Try to establish your own opinion as to the cause of the accident and obtain the name and

address of any person who witnessed the event.

3. Do not admit liability, although it is certainly in order to show concern and compassion for

the injured person.

4. If there is any defect in the premises that caused the accident, obtain photographs for

which you will be reimbursed.

5. Report the incident to our office as soon as possible.

6. If you receive a letter of representation from a claimant’s attorney or if you receive a

summons in connection with an incident, please notify us immediately. Please do not

retain an attorney to act on your behalf. These policies impose the duty to defend you on

the insurer. Furthermore, any effort to negotiate the settlement of a claim without the

approval of the insurer can negate the coverage of the policy.

Please mail all information to our office at the address below, and do not hesitate to call with any

questions:

Waldorf Risk Solutions

30 Prospect Street

P. O. Box 590

Huntington, New York 11743

(631) 423-9500 or 1-800-275-9762

Fax: (631) 424-3610

E-mail: [email protected]

Page 29: Insurance Reference Guide Property & Liability Program · WALDORF RISK SOLUTIONS . Insurance Reference Guide . Property & Liability Program . 30 Prospect Street . P. O. Box 590 .

33

Reporting

Automobile Accidents

Each accident, however minor, should be documented by the completion of an ACORD Automobile

Loss Notice form, which can be found under Section V – Forms of this guide. It is suggested that you

keep a copy of this form in your vehicle so that you will know the type of information that is required to

properly process the claim and protect your interests.

If you or the occupants of your vehicle sustain injury, have an examination by your physician or at the

emergency room of a local hospital. The cost of this examination and treatment is covered under the

medical payments provision of the policy.

However responsible you may feel for the accident, do not admit liability. Such an admission may

seriously compromise the ability of your insurer to defend any ensuing claim, particularly because most

states now have comparative negligence laws, and very often neither party is 100 percent at fault. It

is usually not in your interest to accept an offer from the other party in the accident to settle without

involving the insurance carriers.

Do not hesitate to call the police. Most jurisdictions will respond even if the accident involves only

property damage. While the police may not make a determination of responsibility, they will at least

document the obvious facts, which will be of help.

The state in which the accident took place may require a separate report filed with the Motor Vehicle

Bureau. The information is essentially the same as is required on the ACORD Automobile Loss Notice

form, and local police will be able to tell you under what circumstance the filing of a report is required.

If your vehicle has sustained damage, it is best to have it taken to a shop where you plan to have the

repairs made. The insurance carrier prefers to inspect the car at the place where the work is to be

done so that the adjuster and the shop can agree upon the scope of work and the related cost.

Once you have determined the shop that will be used to affect repairs, please call our office and we

will arrange for an adjuster to survey the damage usually within two to four days.


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