Case Application Chapters 26 and 27

Case Application Chapters 26 and 27

Component in Chapter 26

From the case, it is clear that general commercial liability has the duty to defend the insurer based on demands made under its policy. Since Jones Corporation and Lastovica Construction are insured under a commercial general liability policy, Jones Insurance is the insurer with the duty to defend Lastovica construction against Heather's claim. As insured, Lastovica Construction needs to know that the potential for coverage exists under the CGL policy. Having analyzed the duty of every party, it is clear that to this extent, the duty to defend LC has only potential where coverage is under contention (Rejda, 2011). CGL has been covering personal or property damage, advertising injury, and bodily harm for a long time. This means that if Heather sues LC for bodily harm, the insurance company is responsible for defending LC in court.

The information from the case indicates that Lastovica was operating a heavy machine on high ground, which fell, thus causing damage to Heather. From this perspective, Jones Corporation has a legal way as an insurer to create ground for the argument that LC, as insured, was Grossly Negligent by failing to attach the heavy machinery. Having gross negligence on its side LC has an effective way to deny any damage caused by it to the individual. If the insured is charged with a crime or sued for damages, the insurer is not responsible for defending them.

In most instances, employers have the mandate to ensure that the employees and any person who visits its premises are safe and healthy. This means that as an employer, you must ensure that such individuals in the company are protected against any occupational hazards and harm that may risk their health or cause injury by ensuring that there are mitigated. From this view, it is clear LC has responsibility for the bodily harm that was caused to Brian. Thus, for that reason, it has to ensure that he is indemnified by ensuring that it pays for his medical expenses and loss of wages as he recovers from injuries (Rejda, 2011). As a result, Brian is legally obligated to Lastovica Construction since it was negligent in providing him with a safe work environment. Also, given that LC is under CGL, Jones Corporation has the mandate to cover LC costs because CGL covers personal injury.

The policy terms were active till December 31, 2017, and the claim by the patient was made on November 12, 2018, which was almost a year after the policy period. Apart from that, no prior notice was given by the patient to the Nurse; thus, the company was not liable to cover the loss.

Components in Chapter 27

Looking at Jennifer's scenario as a consultant, Scope under Robbery is the appropriate insuring agreement that I think will cover the loss. It is clear that a Robbery is an unlawful act involving taking someone's property forcefully (Rejda, 2011). The act of Robbery, in most cases, leads to a person's bodily; thus, it is essential to cover the loss through scope under Robbery. Having an appropriate insuring agreement would help Jennifer replace her money after the incident that saw her render the cash to the person.

Travis's case has numerous options that are appropriate given the incident that happened is a commercial crime. Being a retail crime, several insuring agreements are appropriate that I can advise the firm include inside the premises. The inside premises is an effective insurance agreement because it covers theft of money and security from within the insured's premises.

For the case of Rebecca, the appropriate insurance agreement is scoped under Robbery. This kind of agreement is meant to cover unlawful act that aims to threaten or cause harm to the individual body.

The appropriate insuring agreement for the firm is employee theft because this type of insurance helps in coverage of alteration or forgery that employees can do in the company. Given the dishonesty of the employees, having this insurance coverage agreement will help the firm have substantial protection from embezzlement.

In this case, the effective insurance agreement Josh can select is computer fraud or funds transfer fraud. This type of coverage is essential because it ensures the firm against theft of money or property by using a computer to send covered property from premises that are insured to another person. 

Reference

Rejda, G. E. (2011). Principles of risk management and insurance. Pearson Education India.