AJ Wayne & Associates, Inc.转发了
I ran across some really interesting independent contractor language the other day: "Any other individual or entity who is employed or retained by the Named Insured as an independent contractor, solely in connection with the rendering of or failure to render Professional Services on behalf of the Named Insured; provided always that the independent contractor does not constitute an Insured if another policy affords coverage for the provision of Professional Services, in any amount, regardless of whether such insurance is sufficient to cover the Damages sustained and regardless of whether notice or conditions necessary to trigger that coverage have been met" Hypothetical scenario: An independent contractor incorporates an entity to work on behalf of the named insured. The independent contractor is non-exclusive. The insured agrees to cover the independent contractor for work they do for the insured. The independent contractor buys a separate professional liability policy for work they do for other clients. The independent contractor makes a mistake on behalf of the named insured. An incident arises. Is the potential claim covered? Key in on this language: 1. The independent contractor does not constitute an insured if another policy affords coverage for the provision of Professional Services, 2. regardless of whether such insurance is sufficient to cover the Damages 3. regardless of whether notice or conditions necessary to trigger that coverage have been met; Based on the above language, the independent contractor would lose their insured status even if their other policy does not trigger. The most interesting part about the provision is that the named insured might not know their independent contractor has an additional policy they use for other clients. And most importantly, the named insured might not know the effect of an unrelated policy to their own coverage with respects to their independent contractor's insured status. Bottom line: Independent contractors can be exclusive or nonexclusive. How a policy is structured to respond to an independent contractor exposure is crucial to how the policy will respond in the event of a claim. #independentcontractor #professionalliability