Just released: How to raise venture capital in 2023

Download

Shortcodes

Author Qoutes
Manual Non-FS Person:

The stakes are existential. One hallucination-prone model can trigger client losses and regulatory scrutiny.

Jane Doe
CISO, Acme

Manual + Profile Pic:
We treat risk as a growth enabler, not just a control function.

Jane Doe
CISO, Acme
Jane Doe

Author FAQs
Single FAQ Link On:


Single FAQ Link Off Full Content:
FAQ

Can “Action Over” Be a Per Job Basis?

Yes, “action over” coverage can be secured on a per-job basis. This is a common practice, particularly in high-risk industries like construction.

Here’s why and how it works:

Why “Action Over” is a Per-Job Concern

An “action over” claim is a legal maneuver where an injured employee, after receiving workers’ compensation benefits from their direct employer (a subcontractor), sues a third party, such as the general contractor or property owner, for negligence. Due to an indemnification clause in the contract, the general contractor then passes the liability back to the subcontractor. This is a common and serious risk in many industries.

The nature of this risk is tied to the specific job site and contract. Each project can have different safety requirements, subcontractors, and legal agreements. Because of this, general contractors often require their subcontractors to carry “action over” coverage as a condition of the contract for that particular job.

How it Works

  • Contractual Requirement: A general contractor will mandate in their contract that a subcontractor obtain a specific type of insurance coverage, often including “action over” coverage.
  • Per-Project Endorsement: The subcontractor’s insurance carrier will add an endorsement to their Commercial General Liability (CGL) policy. This endorsement may be called a “per-project” or “per-job” aggregate limit. It ensures that the insurance coverage is dedicated to that specific project and won’t be eroded by claims on other jobs.
  • Proof of Coverage: The subcontractor then provides the general contractor with an updated Certificate of Insurance (COI) that shows this specific, job-related coverage is in place.

In short, while a business’s core CGL policy may or may not include “action over” coverage, it is very common for a general contractor to require it on a per-job basis to protect themselves from risk.

Jane Doe
CISO, Acme

Single FAQ + Manual Headshot:

Dynamic by Author 2 Items:

Author Definitions
Single Definition Link On Excerpt:


Single Definition Link Off Full Content:
DEFINITION

Policy Limit

A Policy Limit can apply to a number of different insurance policies, such as automobile, property, health, life, and liability insurance. This limit is usually the maximum amount of coverage available for each covered incident or claim, meaning the insurance company will not pay more than the Policy Limit.

For example, if a car accident results in damages exceeding the amount of the Policy Limit, the insured person may be responsible for paying the difference out of pocket. This is why it is important for policyholders to review their Policy Limit prior to purchasing insurance coverage to ensure they are adequately protected.

The Policy Limit can also refer to the maximum amount that an insurance company will payout for a particular type of claim or incident. For instance, a health insurance policy may have an overall Policy Limit of $100,000 for the year, but may also have a limit of $10,000 for any one incident. In this case, the insurance company will not pay more than $10,000, regardless of the cost of the medical services.

In summary, Policy Limit is the maximum amount of coverage provided under an insurance policy, as determined by the insurance company, and is applicable to a variety of different types of policies. It is important for policyholders to review their Policy Limit prior to purchasing insurance coverage to ensure they are adequately protected.


Dynamic by Author 2 Items:
Definition

Franchisors Errors & Omissions (E&O)

Franchisors Errors & Omissions (E&O), also frequently known as Franchisor Professional Liability, is the primary line of defense against "the disgruntled franchisee" lawsuit. The meaning of...
Read More
Definition

Punitive Damages Wrap

The Punitive Damages Wrap is a critical safety valve for national brands operating in a litigious environment. While most insurance covers "compensatory" damages (money for medical...
Read More

Dynamic by Author Full Content No Link:
Definition

Franchisors Errors & Omissions (E&O)

Franchisors Errors & Omissions (E&O), also frequently known as Franchisor Professional Liability, is the primary line of defense against “the disgruntled franchisee” lawsuit. The meaning of this coverage is rooted in the professional relationship between the brand owner and the operator. When a franchisor sells a “proven system,” they are legally held to a standard of professional expertise. If a franchisee fails to hit their numbers or feels the system was flawed, they don’t sue for property damage—they sue for professional negligence.

In a technical sense, the definition of Franchisor E&O encompasses protection against a variety of specific “wrongful acts.” These may refer to errors in the Franchise Disclosure Document (FDD), disputes over territorial encroachment, or claims that the franchisor failed to provide the marketing support or site selection assistance promised in the Franchise Agreement.

For the modern franchisor, this policy is critical because standard E&O policies often contain “franchise exclusions.” Without a specific Franchisor E&O form, a corporate office might find itself self-insuring a multi-million dollar class-action suit brought by its own network. It bridges the gap between the corporate “brain” of the company and the operational “arms” (the franchisees), ensuring that a mistake in the playbook doesn’t bankrupt the entire league.

Definition

Punitive Damages Wrap

The Punitive Damages Wrap is a critical safety valve for national brands operating in a litigious environment. While most insurance covers “compensatory” damages (money for medical bills or repairs), “punitive” damages are awarded specifically to punish a company for gross negligence. In many states, such as California or New York, it is illegal for an insurance carrier to pay these awards because the law believes the “punishment” should be felt directly by the company. The meaning of a “Wrap” policy is to provide a legal workaround—often through a Bermuda-based or specialized facility—that allows the franchisor to remain insured for these massive financial hits.

The technical definition of this product is often tied to the “Most Favorable Venue” clause, which allows the policy to be interpreted under the laws of a jurisdiction that permits punitive damage coverage. This may refer to protection against “nuclear verdicts” where a jury, angry at a franchisee’s local misconduct, decides to punish the corporate franchisor for failing to supervise the brand properly.

The Punitive Damages Wrap is an essential component of a high-limit insurance program. Without it, a franchisor might have $25M in “standard” liability coverage but still be forced into bankruptcy by a $5M punitive judgment that their primary carrier is legally barred from paying. It turns an “uninsurable” risk into a manageable business expense, ensuring the brand can survive even the most aggressive courtroom outcomes.

Callout Boxes
Default

47% growth

And insurance adoption shows this trend — our cyber insurance policies have grown by 47% in the past 2 years.

Custom Image On:

47% growth

And insurance adoption shows this trend — our cyber insurance policies have grown by 47% in the past 2 years.

Custom Image Off:

47% growth

And insurance adoption shows this trend — our cyber insurance policies have grown by 47% in the past 2 years.

Related Articles

how to hire executives
July 2 • GrowthUncategorized

How to Hire Executives: A Startup Founder’s Guide

Learn how to hire executives for your startup. This guide covers critical steps for building a strong leadership team, mitigating risks, and ensuring long-term success.

cleantech insurance
October 23 • Risk ManagementUncategorized

Navigating Risk: Insurance for Cleantech Companies

Navigating the complex world of cleantech insurance can be challenging. This comprehensive guide provides essential insights into the unique risks faced by cleantech companies and highlights the core insurance coverages they need to protect their businesses.

generative AI legal risk mitigation
June 12 • Uncategorized

Generative AI: Legal Landscape, Key Lawsuits, & Risk Mitigation Strategies

Your generative AI company is the IT thing nowadays, so it’s work knowing legal risk mitigation strategies to stay succcessful and keep your business away from lawsuits.

ai industry risks
May 22 • Uncategorized

Emerging Risks for the AI Industry and How to Prepare

From bias to security breaches, the future of AI is bright but not without challenges. This post explores emerging risks threatening the AI industry and equips you with strategies to mitigate them.

startups-we're-thankful-for-2023
November 21 • Uncategorized

Startups We’re Thankful For: 2023 Edition

Every day we team with brilliant leaders taking their young companies to new heights. Here are a few of those startups we’re thankful for, what makes them amazing, and how they’re making a difference.