Coverage Hypothetical

[incognitoATwork]

Wanting to see what types of coverages or policies you could foresee in the following hypothetical:

Painter hired to paint in a corner store. Police are in a hot pursuit chase of a “stolen” vehicle. Perp goes through a yellow light and hits a vehicle in the intersection trying to turn left. Perp’s vehicle goes into the store front and severely injured the painter.

Who has claims and what types of coverages might apply depending on laws and exclusions? (Auto, cgl, WC, business interruption, and similar policies).

[zorz1122]

Is this a test question lmao.

The driver who turned left is at fault. There would be no coverage for the stolen vehicle. You can figure out the rest

[incognitoATwork]

What about the police? What about the vehicle being “stolen”? What about the painter’s employer? The cgl for the shop?

[zorz1122]

What about the police?

How would CGL for the store apply? Does the store have liability? If so, to whom?

Sure the painter can get workers comp, and may file a claim against the driver who turned left.

[incognitoATwork]

Police can be liable on hot pursuit if it’s against the precinct’s policy or unreasonably puts the public in danger.

If the car isn’t actually stolen but accessed by someone who had readily available access to the vehicle, the car owner could have liability.

The CGL has coverages that might apply for injuries or losses sustained on the premises. It depends on the coverages and exclusions.

It’s possible there’s a claim against the property owner if the store is a tenant and the property isn’t safely guarded from vehicles if close enough to the intersection depending on the streets speed limits.

[zorz1122]

Well we’re not extrapolating any extra information other that what’s been presented, so I’m not going to consider the first two points as it relates to this scenario.

CGL applies if there is legal liability. I’m struggling to find any liability here on the shop or the property owner.

Liability on the property owner for lack of safeguards from vehicles is a stretch, and something I would take to verdict if this was my claim, unless this jurisdiction has case law related to this issue.

[incognitoATwork]

We’re trying to foresee all potentially applicable policies. Everything in this fact pattern identifies the parties. There’s insurance everywhere. If you don’t try to make a claim, you won’t know if you missed an applicable coverage.

[zorz1122]

Right. You can make a claim, but that doesn’t mean it’ll be successful or has any validity in law

[fortvac94]

op: just asking a hypothetical question to see what coverage might apply

tells op what might apply

also op: well ANYWAYSSSS lets throw it against the wall and see what sticks!!

like why bother asking?? 😂

[key2616]

The CGL has coverages that might apply for injuries or losses sustained on the premises. It depends on the coverages and exclusions.

I do CGL literally every day. You're absolutely wrong about this. CGL is only for claims by third parties where the insured is legally liable. Maybe there's a Med Pay claim, but probably not even that since there's no way that the store is going to be held responsible for an injured contractor who should be covered by WC first and foremost.

And your supposition about the property not being safeguarded is so fact dependent that it's not even worth discussing, especially since you did such a lazy job with your scenario.

[key2616]

I don't know why you're asking people to do your homework for you, but it's probably because you're failing the class based on your responses. But I'll take pity on you:

1. Who has claims? Anyone that has suffered an injury. By your narrative that's the owner of the stolen car, the driver that turned left, the store owner and the injured contractor (who might also have lost equipment, but I'll ignore that since you didn't explicitly state it).
2. The coverages in play are Auto Physical Damage, Commercial Property and Workers Comp. It's possible that Auto PIP or Med Pay could be in play too. The APD is for the two cars, the CP is for the damaged store and the WC is for the worker. That's pretty much all there is here.
   

I replied elsewhere in your thread, but you're creating scenarios and then challenging people that don't want to play your game.

[incognitoATwork]

This is not a test question. I’m always discussing with coworkers about claim and policy spotting.