Reviewed November 11, 2013

 Personal and Commercial Exposures

Summary: Under ISO's simplified language farm program, the farm liability coverage form (FL 00 20 10 06) may be combined with a declarations, a common policy conditions form (IL 00 17 11 98), and any applicable endorsements to form a monoline farm liability policy or it may be combined with other farm coverage forms (discussed elsewhere in this tab) in a multi-line policy. When this form is used, Amendatory Endorsement (FL 01 63 09 03), is a mandatory attachment unless Limited Farm Pollution Liability Extension (FL 04 30 09 03) is used instead. This form is used when an insured wants to cover general liability exposures on a commercial farm. This article offers an analysis of FL 00 20. Note that the provisions of the farm liability coverage form track, in part, with two other ISO liability forms: the commercial sections with the occurrence version of the commercial general liability coverage form (referred to in this discussion as the CGL) (CG 00 01 04 13); and the personal portions with section II of the homeowners form (HO 00 03 05 11).

Topics covered: Eligibility

Section I – Coverage H – Bodily Injury and Property Damage Liability

Coverage I – Personal and Advertising Injury Liability

Coverage J – Medical Payments

Additional coverages

Coverage extension

Section II – Limits of insurance

Section III -Farm Liability Conditions

Additional conditions

Section IV – Definitions

Eligibility

Division four of the commercial lines manual contains the rules and rating procedures for writing farm liability coverage on form FL 00 20. The following are not eligible for coverage under this form (note that a restriction concerning corporately owned or operated farms does not appear): 1. Farms owned or controlled by food manufacturers or processors and operated principally for the purpose of supplying the manufacturing or processing operations, whether or not such operations are on the farm premises. 2. Farms whose principal purpose is to supply commodities the insured uses for processing or manufacturing for sale to others (such as, creameries or dairies). 3. Farms whose principal purpose is to operate freezing or dehydrating plants or poultry factories. 4. Farms with farm dwellings of more than four families; farms where farm dwellings are used for business purposes other than permitted incidental occupancies. 5. Workers compensation coverage unless required by law.

For risks one through four above, farm liability coverage may be provided with a commercial general liability coverage form (for example, CG 00 01) and the farm premises liability with personal liability endorsements (FL 04 11 10 06 or FL 04 37 10 06 and FL 04 12 10 06, respectively).

 

Section I – Coverages Coverage H – Bodily Injury and Property Damage Liability

 

1.Insuring Agreement

a.We will pay those sums that the “insured” becomes legally obligated to pay as damages because of “bodily injury” or “property damage” to which this insurance applies. We will have the right and duty to defend the “insured” against any “suit” seeking those damages. However, we will have no duty to defend the “insured” against any “suit” seeking damages for “bodily injury” or “property damage” to which this insurance does not apply. We may at our discretion investigate any “occurrence” and settle any claim or “suit” that may result. But:

(1)The amount we will pay for damages is limited as described in Section II – Limits Of Insurance; and

(2)Our right and duty to defend end when we have used up the applicable Limit of Insurance in the payment of judgments or settlements under Coverage H or I or medical expenses under Coverage J.

     No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under the Additional Coverages.

b.This insurance applies to “bodily injury” and “property damage” only if:

(1)The “bodily injury” or “property damage” is caused by an “occurrence”;

(2)The “bodily injury” or “property damage” occurs during the policy period; and

(3)Prior to the policy period, no “insured” listed under Paragraph a. of Definition 11. “Insured” and no employee authorized by you to give or receive notice of an “occurrence” or claim, knew that the “bodily injury” or “property damage” had occurred, in whole or in part. If such a listed “insured” or authorized employee knew, prior to the policy period, that the “bodily injury” or “property damage” had occurred or was occurring, then any continuation, change or resumption of such “bodily injury” or “property damage” during or after the policy period will be deemed to have been known prior to the policy period.

c.”Bodily injury” or “property damage” that occurs during the policy period and was not, prior to the policy period, known to have occurred by any “insured” listed under Paragraph a. of Definition 11. “Insured” or by any employee authorized by you to give or receive notice of an “occurrence” or claim, includes any continuation, change or resumption of that “bodily injury” or “property damage” after the end of the policy period.

d.”Bodily injury” or “property damage” will be deemed to have been known to have occurred at the earliest time when any “insured” listed under Paragraph a. of Definition 11. “Insured” or any employee authorized by you to give or receive notice of an “occurrence” or claim:

(1)Reports all, or any part, of the “bodily injury” or “property damage” to us or any other insurer;

(2)Receives a written or verbal demand or claim for damages because of the “bodily injury” or “property damage”; or

(3)Becomes aware by any other means that “bodily injury” or “property damage” has occurred or has begun to occur.

e.Damages because of “bodily injury” include damages claimed by any person or organization for care, loss of services or death resulting at any time from the “bodily injury”.

f.”Property damage” that is loss of use of tangible property that is not physically injured will be deemed to occur at the time of the “occurrence that caused it.

Analysis

This insuring agreement mirrors the coverage A insuring agreement for bodily injury and property damage found on the CGL form. The insurer promises to pay sums that the insured is legally obligated to pay and for which the policy applies. The agreement contains a promise to defend the insured against a lawsuit, but the insurer reserves for itself the right to settle any claim or suit; the insured does not control whether a suit or claim is to be settled. And, if this insurance does not apply, the insurer declares it has no duty to defend the insured.

This is an occurrence type liability policy and the BI or PD has to occur during the policy period. However, unlike the CGL form, FL 00 20 does not mention BI or PD taking place in the “coverage territory.”

 

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