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Insurance Abstract
The Certificate Holder Liability Insurance policy is a new concept
in insurance coverage, a new approach to handling the potential
coverage problems presented to certificate holders when accepting
certificates of insurance from certificate providers and a better
means to assure certificate holders that the coverage they require
and depend on in insurance policies purchased by others will provide
the protection they seek when requiring insurance of third parties.
Insurance Claims
1. The business concept and process for using a separate liability
policy owned by the certificate holder to protect their primary
insurance program and address the risk that the certificate provider's
insurance is not in effect, available or as stated in the certificate
of insurance provided to the certificate holder.
2. The Certificate Holder Liability insurance policy (as attached
and revised versions) for addressing the concerns in claim 1 above.
3. Endorsements designed to amend the Certificate Holder Liability
insurance policy.
Insurance Description
CROSS REFERENCE TO RELATED APPLICATIONS
[0001] None.
FEDERALLY SPONSORED RESEARCH OR DEVELOPMENT
[0002] None. No Federally sponsored research or development has
been used in developing this invention.
BACKGROUND OF THE INVENTION
[0003] This patent application seeks a patent on a business process
that ensures that the insurance shown on a certificate of insurance
provided by one party to another party (the Certificate Holder)
either provides the liability and/or workers compensation coverage
shown, or the Certificate Liability Insurance policy will provide
such insurance for the benefit of the Certificate Holder in its
stead. This assures the certificate holder with certainty that the
protection cited in the certificate will be available in the event
of loss.
[0004] When property owners, general contractors and similar entities
require evidence of insurance of third parties, such as a tenant
or a subcontractor, certificates of insurance (certificates) are
commonly provided by tenants or subcontractors to evidence that
the insurance required of them is in place. The most common form
of certificate is the ACORD.TM. form.
[0005] However, certificates, as stated in the ACORD.TM. certificate
form, only provide evidence that the insurance policies shown in
the certificate are in force on the date the certificate is issued.
A certificate also specifically states that it confers no rights
upon the certificate holder. As such, certificates provide very
limited benefit and do not guarantee the insurance shown will be
in force when needed.
[0006] Certificates also require "certificate holders"
to spend time reviewing certificates to see that the insurance shown
complies with the certificate holder's requirements and time following
up with third parties to obtain adequate evidence of insurance when
the certificate is not in compliance.
[0007] In contract agreements, the certificate holder generally
requires new certificates of the insurance certificate provider
at least fifteen days prior to the expiration date on each policy
shown on the certificate. However, insurers frequently fail to renew
insurance policies until the last minute and frequently do not assign
policy numbers or provide copies of the renewal policy for an extended
period after the renewal date. Due to this, insurance brokers are
often unable to issue new certificates prior to the policy expiration
date and certificate holders are unable to determine if the certificate
provider has continuing coverage. This aspect also adds to the certificate
holder's administrative costs and leaves the certificate holder
in a uncertain position in terms of the insurance protection in
force.
BRIEF SUMMARY OF THE INVENTION
[0008] Certificate Holder Liability Insurance provides a guarantee
that the insurance shown (or its equivalent) will be available to
protect the "certificate holder" in the event the insurance
shown in the certificate: [0009] Is not in force on the date a loss.
[0010] Has limits less than those stated. [0011] Has a deductible
that is not shown in the certificate. [0012] Has a higher deductible
than the deductible shown on the certificate. [0013] Is excess to
the certificate holders insurance. [0014] Has an exclusion that
would not normally apply in a standard commercial general liability,
automobile liability or workers compensation policy.
[0015] The Certificate Holder Liability Insurance policy also provides
for continuing coverage for the sole benefit of the certificate
holder based on the limits and coverage shown in the certificate
for a period of 15 days after the policy expiration date shown.
This eliminates the uncertainty the certificate holder may have
in relation to the certificate holder's inability to provide new
certificates of insurance on time. (No coverage is afforded to the
certificate provider in this regard.)
DETAILED DESCRIPTION OF THE INVENTION
[0016] A copy of the Certificate Holder Liability Insurance policy
is attached to this application. The Certificate Holder Liability
policy provides the certificate holder with the same insurance protection
they would have from the insurance policies shown in the certificate
if those policies are not available to protect the certificate holder
at the time of loss.
[0017] To obtain Certificate Holder Liability Insurance, the "certificate
holder" simply applies to the insurer offering the Certificate
Holder Liability Insurance and pays an initial deposit premium.
From that point on, the "certificate holder" submits a
copy of each certificate for which the "certificate holder"
seeks coverage and pays a small additional premium for each certificate
that is to be covered. Upon submission of the certificate by the
Certificate Holder Liability Insurance insurer, the "certificate
holder" has insurance coverage for that certificate until the
termination dates shown for the insurance policies shown on the
certificate (plus fifteen days). Other than some
[0018] minimum standards required of the certificate holder, the
certificate holder is also relieved of amending the certificate
or verifying and following up on outstanding issues in relation
to the certificate (thus reducing the certificate holder's administrative
costs).
[0019] For a small added premium, the certificate provider (the
third party providing the certificate) can obtain a waiver from
the insurer in the event coverage is not in force due to any reason
other than deliberate cancellation or a voluntary reduction in coverage.
(If this waiver is not purchased, the Certificate Holder Liability
insurer retains the right to seek recovery from the certificate
provider for any payments the insurer makes under the policy.) It
is of advantage to the certificate provider to obtain this waiver
as they generally have limited control over coverage changes, reductions
or cancellations their own insurer may make to their policies.
[0020] There is no insurance policy written that provides an assurance
of coverage based on a Certificate of Insurance. As such, this invention
is unique and fills a gap that has presented a difficulty to property
owners and others that want assurance that the insurance represented
by certificates of insurance will be available to them.
[0021] The Certificate Holder Liability policy will be underwritten
by the Certificate Holder Liability insurer based on the type of
risk associated with the Certificate Provider's operations. Additional
requests for covering the certificate holder for protection afforded
to them through specialized policies required of certificate holders
(such as pollution liability, asbestos liability, professional liability,
etc) will be underwritten on a case by case basis. No protection
will apply to benefit the certificate provider with these specialized
policies.
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