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Coverage Definitions

Contractors

Your go-to resource for understanding the unique risks, coverage needs, and underwriting considerations for contractors — and how Merchants helps protect construction and trade operations.

General Liability Insurance

The General Liability section of our Contractors Package Policy covers the most common risks that affect today’s Contractor including:

Annual Aggregate Limit Per Location

This policy conditions amends the General Aggregate Limit to apply separately to each location owned by or rented to the insured.

Damage to Premises Rented to You (Fire Legal Liability)

Business Liability coverage for damage because of property damage to a premises while rented to the insured or temporarily occupied by the insured with permission of the owner is provided at a limit of $500,000 unless a higher limit of insurance is shown in the policy declarations.

Defense Costs

The Business Liability coverage includes coverage for costs incurred to defend the insured against any suit seeking damages for Bodily Injury, Property Damage, Personal Injury or Advertising Injury.

Employment Practices Liability

Provides coverage on a claims made basis for injuries to employees due to demotion, wrongful termination, wrongful denial of opportunities, including wrongful hiring and supervision, retaliatory actions, coercion, harassment and other types of work-related discrimination, libel, humiliation and similar acts.

Liability

Coverage is provided for premises liability and products completed operations liability. Coverage is provided for damages which the insured is legally liable to pay because of bodily injury, property damage, personal injury or advertising injury. Typical claims would include slip and fall injuries, injuries from your product and injuries resulting from your work.

Medical Expenses

Coverage applies to medical expenses for bodily injury caused by an accident on the insured premises or because of the insured’s operations. These payments will not exceed the Business Liability limit of insurance. Covered expenses include first aid administered at the time of the accident, necessary medical, surgical, x-ray or dental services and necessary ambulance, hospital professional and funeral services.

Primary & Non-Contributory - Other Insurance Condition

This insurance is primary and will not seek contribution form any other insurance available to an additional insured under the policy provided that the additional insured is a Named Insured under such other insurance and the insured has agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured.

Voluntary Property Damage

Voluntary Property Damage coverage is provided for unintentional property damage to the property of others caused by the insured or while the property is in the insured’s possession and the damage is arising out of the operations described in the policy. The coverage limit is $10,000 per occurrence/$25,000 aggregate with a $500 per claim deductible.

Waiver of Subrogation - Blanket

Waiver of rights of recovery is waived against any person or organization, when the insured has agreed in writing in a contract, agreement or permit that was executed prior to the bodily injury, property damage, or personal injury and advertising injury.

Key Liability Exclusions

Asbestos Exclusion

Bodily injury, property damage or personal and advertising injury arising in whole or in part, either directly or indirectly out of the manufacture, storage, processing, mining, use, sale, installation, removal, disposal, distribution, handling, inhalation, ingestion, absorption, or existence of, exposure to or contact with asbestos, asbestos contained in goods, products or materials, asbestos fiber or asbestos dust in excluded. Also excluded is an loss, cost or expense arising out of any request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify, neutralize or in any way respond to or assess the effects of asbestos, asbestos contained in goods, products or materials, asbestos fibers or asbestos dust.

Commercial Snow or Ice Treatment, Removal or Plowing Exclusion

Coverage is excluded for bodily injury or property damage arising out of any snow or ice treatment, removal or plowing by hand, vehicle or equipment from the driveway, walkway or parking lot of any commercial property . Commercial property means any and all parts of any premises, other than a premised owned or leased by the named insured, and one through four family single structure dwelling. This exclusion only applies when Snow and Ice Removal Contractor – Residential only class is written on the policy.

Exclusion - Operations Covered by a Consolidated (Wrap-Up) Insurance Program

This endorsement excludes coverage for bodily injury or property damage arising out of ongoing operations and products completed operations at all projects, locations if the insured is or was enrolled in a controlled (wrap-up) insurance program at such projects or locations.

Expected or Intended Injury

Bodily injury or property damage expected or intended from the standpoint of the insured is excluded. This exclusion does not apply to bodily injury resulting from the use of reasonable force to protect persons or property.

Fungi or Bacteria Exclusion

Bodily injury, property damage, or personal and advertising injury caused in whole or in part by the actual, alleged or threatened inhalation of, ingestion of, contact with, exposure to, existence of, or presence of any fungi or bacteria on or within the building or structure, including its contents, regardless of whether any other cause, event, material or product contributed concurrently or in any sequence to the injury or damage is excluded. Also excluded is any cost or expense arising out of the abating, testing for, monitoring, cleaning up, removing, containing, treating, detoxifying, neutralizing, remediating or disposing of, or in any way responding to, or assessing the effects of fungi or bacteria by any insured or by any other person or entity. This exclusion does not apply in New York.

Pollution

Any bodily injury or property damage arising out of the actual, alleged, threatened discharge, dispersal, seepage, migration, release or escape of pollutants is not covered.

Any loss, cost or expense arising out of any request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of pollutants is not covered.

Roofing Operations Exclusion

Coverage is excluded for bodily injury and property damage caused in whole or in part by roofing operations. Roofing operations is defined as repair or replacement or recovering of more than 35% of the entire roof structure. Also excluded is property damage to any building or structure or its contents arising out of roofing work conducted by the insured resulting solely from rain, snow, hail, ice, wind or any other weather related conditions.

Snow or Ice Operations Exclusion

Coverage is excluded for bodily injury or property damage arising out of snow or ice operations that are performed for others by the insured or by any contractors or subcontractors working on the insureds behalf, at any premised not owned by or leased to the named insured, whether the claim or suit is brought against the named insured or any additional insured. This exclusion applies regardless of the method in which the snow or ice operations are performed, whether mechanical, by hand or by any other means. This exclusion applies when the Snow and Ice Removal – Contractor class is not written on the policy.

Workers' Compensation

Any obligation of the insured under a workers’ compensation, disability benefit or unemployment compensation law or similar law is not covered.

Commercial Property Coverage

The Commercial Property section of our Contractors Package Policy covers damage to owned buildings, business personal property including inventory, equipment and furnishings. If property coverage is purchased, the following coverages are provided:

Accounts Receivable

Coverage for accounts receivable is provided at a limit of $25,000 on premises and $10,000 off premises. The on premises limit may be increased. This coverage is subject to the property deductible in the policy. This coverage protects against loss resulting from an inability to collect accounts receivable due to loss, damage, or destruction of books or records of accounts. The on premises limit may be increased.

Building Damage

Provides coverage for damage to buildings including additions, fixtures, permanently installed machinery and equipment, personal property in apartments, rooms or common areas furnished by the insured as a landlord, and personal property owned by the insured that is used to service the building or structure or premises. Coverage applies up to the building limit shown on the policy declarations and is subject to the property deductible in the policy.

Business Income and Extra Expense - Actual Loss Sustained

Loss of income due to a business interruption is covered on an actual loss sustained basis for 12 months. Business income means the Net Income that would have been earned if no physical damage had occurred and continuing normal operating expenses incurred, including payroll. A 24 hour waiting period applies.

Business Personal Property

Provides coverage for business personal property which is located in or on buildings at the described premises. Also contemplated as business personal property owned and used in the insured’s business is stock, furniture and other equipment. Personal property of other is automatically covered. Coverage applies up to the business personal property limit shown on the policy declarations and is subject to the property deductible in the policy.

Communication Equipment

Provides coverage for loss of or damage to communication equipment used in the insured’s business from any of the covered causes of loss. Communication equipment includes, but is not limited to cellular/mobile telephones, pagers, and personal digital assistants (PDAs). The limit for this coverage is $1,000. A $100 deductible applies. Higher limits are available.

Debris Removal

Coverage applies for expense to remove debris of covered property and other debris that is on the described premises, when such debris is caused by or results from a covered cause of loss that occurs during the policy period. The coverage limit is 25% of the direct physical loss plus $25,000. The property deductible applies. Higher limits may be purchased.

Electronic Data Processing Equipment, Data and Media Coverage

Coverage is provided for loss or damage to electronic data processing equipment, data and media at the described premises caused by or resulting from a covered cause of loss. This extension also includes coverage for extra expense caused by the loss to this electronic data processing equipment. The covered cause of loss includes damage caused by virus. The limits for this coverage extension are $50,000 for electronic data processing equipment, $10,000 for data and media combined and $10,000 extra expense. The property deductible applies. The limit for electronic data processing equipment may be increased.

Employee Theft

Coverage is provided for loss of or loss from damage to money, securities and property other than money and securities caused by employee theft. The limit for this coverage extension is $50,000 subject to a $500 deductible. Higher limits are available.

Equipment Breakdown

Equipment breakdown coverage applies to loss or damage caused by, resulting from or consisting of mechanical breakdown of your equipment. Also included is damage from rupture, bursting, bulging, implosion or steam explosion of any equipment or appliance. Coverage is included up to the property limit.

Equipment breakdown coverage includes coverage for reasonable costs to make temporary repairs or to expedite permanent repairs or permanent replacement. Equipment breakdown to computer equipment is covered. Data restoration coverage is included up to $100,000. Spoilage coverage is provided for spoilage and contamination of stock due to power outage or breakdown and contamination. The maximum limit for spoilage is $250,000.

Forgery or Alteration

$10,000 Provides coverage when someone other than the employee or owner forges a signature on a check or other monetary instrument in order to obtain money that belongs to the insured. Forgery by an employee is covered in the Employee Dishonesty coverage. A $500 deductible applies. Higher limits are available.

Identity Recovery

In the event of a covered identify theft, coverage for case management service and expense reimbursement up to an annual aggregate limit of $15,000 is provided. The identity theft must involve a insured under the policy, must be first discovered during the policy period and must be reported within 60 days after it is first discovered.

Increased Cost of Construction

This coverage applies only to buildings to which Replacement Cost Optional coverage applies. In the event of damage caused by a covered cause of loss to a building that is covered property, coverage is provided for the increased cost incurred to comply with an ordinance or law that applies to the repair, rebuilding or replacement of damaged parts of the property. The limit for this coverage is $10,000 or 5% of the limit applicable to that building.

Money & Securities Theft

Coverage is provided for loss of money and securities held by the insured, caused by theft, disappearance or destruction. This extension applies only while the money and securities are inside a building or structure at the described premises or while outside the premises in the custody or control of a messenger. The limits for this coverage extension are $10,000 inside the premises and $10,000 outside the premises. A $500 deductible applies. The inside the premises limit can be increased.

Newly Acquired or Constructed Property

If the policy covers a building, that coverage can be extended to apply to new buildings while being built on the described premises and buildings the insured acquires at a premises other than the described premises that are intended for a similar use as the building described in the policy or to be used as a warehouse. If the policy covers business personal property that coverage may be extended to such property the insured acquires at any location acquired or at a newly constructed building. This extension does not apply to personal property temporarily acquired in the course of installing or performing work on such property. Limit provided is $250,000 for building and $100,000 for business personal property.

Outdoor Property

Coverage for outdoor property is included for outdoor fences, radio and television antennas, satellite dishes, trees, shrubs and bushes. The limit is $20,000 with a $250 maximum limit per tree, shrub or bush. The property deductible applies. Higher limits may be purchased.

Outdoor Signs

Coverage for outdoor signs is automatically provided whether or not attached to buildings that are within 1,000 feet of the described premises and are damaged by a covered cause of loss. A limit of $10,000 applies. Coverage is subject to the property deductible. Higher limits may be purchased.

Pollutant Clean Up and Removal

Coverage is provided to pay the insured’s expense to extract pollutants from land or water at the described premises if the discharge, dispersal, seepage, migration, release or escape of the pollutants is caused by or results from a Covered Cause of Loss that occurs during the policy period. The expenses will only be paid if they are reported in writing within 180 days from the date on which the loss occurs. The most that will be paid is $10,000 for all expenses arising out of a loss occurring during each separate 12 month period of the policy.

Valuable Papers

Coverage applies to direct physical loss o damage to valuable papers and records owned by the insured or that are in the insured’s care, custody or control caused by or resulting from a covered cause of loss. This coverage includes the cost to research, replace or restore the lost information on valuable papers and records for which duplicates do not exist. The limit for this coverage is $25,000 on premises and $10,000 off premises. The property deductible applies. The on premises limit may be increased.

Covered causes of loss means direct physical loss unless the loss is excluded or limited in the property section of the policy.

Key Property Exclusions

Earthquake

Loss caused by earthquake, landslide, mine subsidence and earth sinking is not covered. Optional Earthquake coverage may be purchased.

Flood

Loss caused by flood, surface water, waves, tidal water, overflow of any body of water, storm surge, water that backs up or overflows, water under the ground surface pressing on seeping through foundations, basements, doors, windows or openings is not covered.

Virus or Bacteria

Loss caused by any virus, bacterium or other microorganism that induces or is capable of inducing physical distress, illness or disease is not covered.

Other Types of Losses that are excluded

No coverage applies to loss or damage from:

  • Wear and Tear
  • Rust or other corrosion
  • Smog
  • Settling, cracking, shrinking or expansion
  • Neglect

Commercial Inland Marine Coverage

The Commercial Inland Marine section of our Contractors Package Policy covers damage to unscheduled tools and equipment, equipment leased or rented from others, property at a jobsite, temporary storage location, in transit awaiting installation. The following coverages are provided:

Contractors Equipment - Employee Tools & Clothing

Under the Contractors Equipment form, coverage for employee tools and equipment are included for up to $5,000 per occurrence, but not more than $1,000 per employee. The occurrence limit may be increased. Coverage is subject to a $500 deductible.

Contractors Equipment - Fuel, Accessories and Spare Parts

Under the Contractors Equipment form, coverage for fuel, accessories and spare parts are included for up to $10,000 per occurrence. The limit may be increased and is subject to a $500 deductible.

Contractors Equipment - Trailers & Contents

Under the Contractors Equipment form, coverage for loss or damage to owned, leased or rented office and construction trailers and their contents that is caused by or resulting from a covered cause of loss is included for up to $25,000. This additional coverage does not include coverage for contractors tools. The trailer and contents limit can be increased and is subject to a $500 deductible.

Equipment Leased or Rented From Others

Coverage for contractors equipment the insured owns but leases or rents from others for which the insured is legally liable in a written agreement is covered if damaged by a covered cause of loss. The limit for this extension is $50,000. A $500 deductible applies. Higher limits are available.

Installation Coverage

Coverage for direct physical loss or damage by a covered cause of loss applies to fixtures, supplies, materials and equipment that are on the jobsite, in storage or in transit in order to be installed. The following limits apply:

  • Property at jobsite: $10,000
  • Property at temporary storage location: $5,000
  • Property in transit: $5,000
  • All covered property included above combined in any one occurrence is $20,000

Rental Reimbursement

Under the Contractors Equipment form, coverage for actual rental expenses for renting equipment are included for up to $10,000 per occurrence, but not more than $500 per day. A 72 hour waiting period applies. The per occurrence limit can be increased.

Unscheduled Tools and Equipment

Coverage for direct physical loss, caused by a covered cause of loss, to contractors unscheduled tools and equipment owned by the insured or in the insured’s care, custody or control is provided at a limit of $3,000. A $500 deductible applies. Higher limits are available.

Key Inland Marine Exclusions

Theft from an Unattended Vehicle

The policy excludes loss or damage caused by or resulting from theft from an unattended vehicle unless at the time of theft its windows, doors and compartments were closed and locked and there are visible signs that a theft was the result of forced entry.

Weight of Load Exclusion

The policy excludes loss or damage resulting from the weight of a load when it exceeds the designed capacity of the manufacturer’s stated load or lift capacity of the equipment.