Wheaton, Ill., June 2,
2011--"Electronic aggression," sometimes called
"cyber-bullying," is an excluded offense under
newly revised personal umbrella policy forms
being filed countrywide by a national
property/casualty advisory organization.
The American Association of
Insurance Services (AAIS) is filing a
comprehensive revision of forms and endorsements
provided under its Personal Umbrella Program
(PUP), a ready-made umbrella program available
for use by any insurer.
The AAIS PUP provides a
base form, endorsement options, state amendatory
endorsements, and a sample manual, declarations,
and schedule of underlying insurance for writing
an umbrella policy over an AAIS-based homeowners
policy and any underlying auto, watercraft, or
other personal liability policy.
The latest filings carry an
effective date of Oct. 1, 2011 in most states.
The revised base form
includes several provisions designed to limit an
umbrella carrier's exposure.
Among other things, the
base form introduces an exclusion of coverage
for bodily injury, property damage, or personal
injury arising out of "electronic aggression."
The exclusion applies to any damage or injury
arising from, but not limited to, harassment or
bullying committed by electronic means or
through an electronic forum.
AAIS is introducing the
exclusion in response to reports in recent years
of suicides by teens allegedly subjected to
cyber-bullying. AAIS chose to use the term
"electronic aggression" because it is used by the
U.S. Centers for Disease control, an authority
in human health, to describe a new form of
behavior linked to physical injury.
New provisions in the PUP
base form also include an aggregate limit on
coverage that is subject to an aggregate limit
in underlying insurance. This avoids having the
umbrella policy respond on a per occurrence
basis when underlying coverage for an insured
activity, such as home day care, is capped by an
aggregate limit.
In addition, the revised
PUP forms include 23 endorsement options that,
among other things, address business and farm
activities, and provide exclusions for
designated premises, drivers, vehicles,
watercraft, and more.
Among the program's 11 new
multistate endorsements are the following:
-
An option to provide "drop
down" coverage for bodily injury or property
damage (BI/PD) arising from the use of a
non-owned recreational vehicle;
-
An option to provide excess
auto liability coverage for use of certain
vehicles outside the U.S. and Canada; and
-
Two options for excluding
coverage for claims arising from canines. One
endorsement excludes coverage for BI/PD arising
from direct physical contact with a canine,
except to the extent that the BI/PD is covered
by underlying insurance. The other excludes the
coverage without exception.
The AAIS Personal Umbrella
Program also includes a sample manual, policy
declarations, and schedule of underlying
insurance. These resources are not filed, but
can be used by insurers as the basis for
proprietary resources they file with regulators,
if required.
AAIS is a national advisory
organization that develops policy forms and
rating information used by more than 700 P/C
insurers throughout the U.S.
For information on affiliating with AAIS for use
of any of its agricultural insurance programs,
contact Rick Maka, director of marketing and
strategic alliances, at
rickm@AAISonline.com, or by calling
800-564-AAIS, ext. 222.