Swine Flu and CGL Coverage

November 16, 2009

The publicity regarding swine flu has raised a question in our office. Will the general liability policy respond to a claim for sickness due to negligence in the operation of a motel or hotel? We note the definition of bodily injury includes sickness or disease. So, for example, if the insured is found negligent for not keeping his premises and operations clean and/or sanitized, would the CGL form respond to a claim based on that negligence?

California Subscriber

Yes, the CGL form would respond. There is no exclusion on the policy about communicable diseases, so bodily injury/sickness arising out of the insured's negligence would bring the CGL form into play.