In the long list of commercial insurance coverages, Employers' Liability doesn't get a whole lot of attention. Part One of the Workers' Compensation and Employers' Liability Insurance Policy gets the spotlight because most of the losses the policy covers are payments due under the relevant Workers' Compensation law. However, most employers have at least some exposure to employee injury and disease losses that Workers' Compensation doesn't address. This episode of Ask Tim takes a look at this neglected coverage and the New York-specific wrinkles that producers need to be aware of.
The highlights:
- Employers' Liability covers the insured's legal liability for bodily injury to employees, other than injuries or diseases that are compensable under the Workers' Compensation law
- Coverage applies only if:
- The injury arises out of and in the course of the injured worker's employment
- The employment is necessary or incidental to the insured's work
- The bodily injury by accident occurs during the policy term
- The bodily injury by disease must be caused by or aggravated by conditions of employment
- The employee's last day of last exposure to the conditions causing or aggravating the disease occurs during the policy term
- The worker brings the lawsuit in the U.S.A., its territories or possessions, or Canada
- E.L. Coverage is unlimited for losses resulting from employments covered by the New York Workers' Compensation Law.
- The limits shown in the policy declarations apply to losses resulting from employments not covered by the New York Workers' Compensation Law.
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