As our collective understanding of COVID-19’s national (and global) impact continues to develop, many business owners may wonder whether their commercial general liability (CGL) policies can provide coverage against any claims associated with COVID-19, or any other infectious disease.
Admittedly, insurance is an important part of any business plan. Protecting against a catastrophic loss occasioned from outside factors renders the premium cost a reasonable and justifiable expense. But it is important to understand that commercial general liability insurance is not a substitute for performance, nor will insurance provide any benefit with regard to a myriad of potential claims which commonly arise in the ordinary course of business. It is important to understand what protections are acquired and the scope of the coverage.
For example, commercial general liability insurance provides no coverage for any breach of contract claim. Generally, the insurance benefit applies only to an “occurrence”; which, under Pennsylvania law is defined as an “accident”. If your business fails to perform on a contract, or deliver on a promise, there has been no occurrence, and therefore no coverage will generally apply.
Further, most basic commercial general liability policies provide no coverage for “your work” meaning no coverage is provided with respect to the products you manufacture or the things you build. For example, if your business is engaged in the design and construction of a manufacturing line and that manufacturing line malfunctions causing damage only to itself, no coverage will apply. In contrast, if the manufacturing line were to malfunction causing damage to the property where it was installed, those damages may be covered. Similarly, if the manufacturing line were to malfunction causing a loss of product, those damages may likewise be covered.
As with any contract, the scope of commercial general liability coverage and exclusion is defined by the terms of the policy. Under Pennsylvania law, as the policies of insurance are drafted by the insurers and offered to policy holders without modification, the provisions of those policies are interpreted in a light most favorable to the insured. Traditional common law precedent relating to contract interpretation are also applicable.
Many particular risks which may be excluded from coverage under a basic commercial general liability policy may be subject to additional coverages available by endorsement. Although tedious, review of the often complicated and lengthy provisions of the policy of insurance with the issuing agent is the only way to gain even a rudimentary understanding of coverages. Even then, a professional review is often worth the investment. There is simply no substitute for an understanding of the relationship between the business risks and the provisions of the commercial general liability policy and an analysis of additional risk that may be insured by endorsement to the policy.