February 4, 2021

Negligence is defined as failure to use a degree of care considered reasonable under a given set of circumstances.  As a result of COVID-19 and potential allegations regarding the presumption of where a person (employee or others) contracted COVID-19 or any other communicable disease, K&A latest updates have focused on training, sample policies and procedures to help protect you against alleged negligence.  Because current insurance policies are not rated to cover pandemics, our updates have been provided in anticipation of the insurance market responding to the communicable disease exposure.  With the lack of governmental legislation to limit employer liability, insurers are taking action and introducing two new communicable disease exclusions.  Exclusions can be significant.  Employees, or others, may make allegations which can be actual, groundless, false, or even fraudulent; when communicable disease exclusions are in place, an employer/business will not have defense coverage.

Communicable Disease Exclusions:

  • CG 21 32 05 09 – Commercial General Liability Communicable Disease Exclusion
  • US 30 78 04 11 – Commercial Umbrella Liability Communicable Disease Exclusion

The commercial general liability exclusion applies to bodily injury, property damage, personal and advertising injury arising out of the actual or alleged transmission of a communicable disease.  The exclusion does not define communicable disease, but does eliminate coverage for “artful pleadings” such as alleged negligence or other wrongdoing in supervising, hiring, employing, training, or monitoring of others that may be infected with and spread the disease, negligence in testing for a communicable disease, failure to prevent the spread of the disease, or failure to report the disease to authorities.

The commercial umbrella liability exclusion applies to any liability, claim, or suit arising out of the actual or alleged transmission of a communicable disease.

We anticipate insurance carriers will be adding these exclusions upon policy renewal dates.

Koppinger & Associates will continue to monitor and stay current on developments that will directly affect your business and risk management plan.

#riskmanagement #policyexclusions #teamkoppinger

What Our Clients Are Saying

Clients choose to hire us because we know their business and know what they need. They continue to work with us because we put their interests first.

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“Koppinger & Associates, Inc. has been instrumental in my ability to effectively administer our Employee Benefits program. They are very knowledgeable and ready to assist with open enrollments, employee education, billing and claims.” Read More

“We are one of the largest Marine Diving Contractors in Michigan. With Koppinger now part of our team, we have lowered our workman’s comp insurance rates and are now protected with the proper Marine and pollution policies and winning more bids.” Read More

“The Koppinger & Associates, Inc. team are knowledgeable, responsive, dependable and have proven themselves to be excellent and trusted advisors. Our daily operations present very specific and unique exposures that require thoroughness and accuracy. Eileen understands the working pieces of our business and always provides us with the tools and resources necessary to make informed… Read More

“You want the Koppinger & Associates team on your side. When our ownership structure changed we were in jeopardy of losing our excellent workers compensation experience, due to their knowledge of the Michigan Workers Compensation Bureau rules we successfully kept our experience: saving us thousands of dollars!” Read More

“The team at Koppinger & Associates is responsive, proactive and our total resource. From assisting us with safety programs, to creating a plan to manage our benefit programs including employee education about consumer driven health plans, Eileen and her team bring the knowledge and resources we need to be our best.” Read More

“Koppinger & Associates, Inc. looks at the business first and evaluates the needs of each business on an individual basis. Each business is unique and I would expect nothing less. The staff at Koppinger & Associates, Inc. is awesome to work with, and presents themselves as a team.” Read More

“From contract review to safety assistance, Koppinger & Associates provides knowledgeable guidance, we truly see them as a strategic partner.” Read More

"Koppinger & Associates is a true strategic partner, we know we can count on Eileen and her team for advice. Whether we are managing our risks for a plant expansion or evaluating our sprinkler system and infrared testing to reduce fire exposure, her team delivers quality advice and solutions to our privately-held, 70 year-old manufacturing company." Read More

“As a CNC machining company, we have seen our share of changes in our market and the economy. Koppinger & Associates, Inc. has been our insurance backbone for over 20 years in both Commercial Insurance and our Employee Benefits program.” Read More

“[…] Eileen and her staff understand our industry, and have the knowledge and experience to guide us. I have a lot to think about running and managing a contracting business, but I know I can rely on the team at Koppinger & Associates who care about the success of my business and the welfare of my employees.” Read More

“Koppinger & Associates first takes a very personal interest in your business, then designs the most competitive insurance program available. Rarely do you find a professional services firm who invests their time to really know and understand your business.” Read More

“We were concerned with the lack of employee engagement and education regarding our benefit plans. We heard about Koppinger & Associates, Inc. through a mutual contracting associate. After meeting with Eileen, she conducted a complete analysis of our needs and educated us on the plans that made the most sense based upon our needs. Our… Read More

“Partnering with Koppinger & Associates, Inc., we were able to prepare and tackle the hurdles of Healthcare Reform and the Affordable Care Act. Koppinger & Associates, Inc. had the knowledge and dedication to create and execute a plan […]. The guidance that Koppinger & Associates, Inc. provides us is unrivaled!” Read More

“When it comes to risk management, Koppinger & Associates, Inc. provides the personal service and expertise we were looking for. Eileen and her team have a logical method of explaining and educating us in the world of risk transfer that is clear and to the point. We can always rely on their support and it is reassuring to know we have an adviser who keeps our best interest first.” Read More

“Partnering with Koppinger & Associates, Inc. was one of the best business decisions we have made. We are extremely satisfied with the responsiveness we receive from Eileen and her team. They are always there to answer our questions, we are treated as if we are their only client.” Read More

“As a small business managing compliance can be a full time job, Koppinger & Associates brings the knowledge, assistance and resources to help us meet the challenge! It is not uncommon to find Eileen in the plant helping our supervisors with return-to-work programs and safety or conducting an open enrollment meeting for our employees: our needs are always in focus and the priority.” Read More

With Eileen and the Koppinger & Associates team, our needs are always in focus and a priority. During our 20-year partnership, they have been exceptional advisers and resources. From assistance with contract review and negotiation, to benefit plan compliance, we know we can count on them for the help we need. Read More

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We will help you identify business risks and implement problem-solving solutions that are tailored to your industry. Your needs come first with the ultimate goal of empowering you to lead and grow your business.