BP 08 05-Veterinarians Professional Liability

BP 08 05–VETERINARIANS PROFESSIONAL LIABILITY

(September 2019)

INTRODUCTION

Veterinarians are a class of business frequently written on the Insurance Services Office (ISO) Businessowners Coverage Form. The unendorsed policy excludes professional liability but this coverage is very important to veterinarians. BP 08 05–Veterinarians Professional Liability can be  used to add this coverage.

ELIGIBILITY

This endorsement is available to only veterinarians who treat household pets. Veterinarians who treat or provide any services to the following animals or situations are not eligible, even if their primary specialty is treating household pets:

BP 08 05–VETERINARIANS PROFESSIONAL LIABILITY ANALYSIS

This endorsement modifies BP 00 03–Businessowners Coverage Form Section II–Liability.

A. Business Liability

This endorsement uses the term “other injury” to describe the professional coverage it provides. This coverage is incorporated into the Businessowners Coverage Form. As a result, all provisions under A.1. Business Liability apply to other injury just as they apply to bodily injury, property damage, and personal and advertising injury.

B. Coverages

This endorsement is an extension of coverage, not an additional coverage. The insurance that Coverage A provides also applies to the professional aspects of the veterinarian’s operations. A further extension is that coverage applies if injury occurs because an insured participates as a member of a formal accreditation, standards review, or equivalent professional board or committee.

 

Example: Vern is a veterinarian. Barb, his wife, is a brain surgeon. Both are named insureds on the Businessowners Coverage Form. If Vern purchases professional liability coverage, it applies to only the professional liability that arises out of his providing or failing to provide veterinary services. It does not provide the professional liability coverage Barb needs. If Vern serves on the state standards review board for veterinarians, his professional liability exposure for that service is also covered. However, if he serves as a member on his homeowners association board, this coverage does not apply to that liability exposure.

 

C. Exclusions

The Businessowners Coverage Form liability exclusions are changed. One is amended, another is changed in part, two are deleted, and three are added.

1. Contractual Liability is amended to not allow the exception to an insured contract. The amended exclusion simply states that professional liability coverage does not apply to exposures the insured assumes in a contract or agreement unless it already has them without a contract or agreement.

2. Exclusions 1.j. Professional Services and 1. k. Damage to Property (4) and (6) do not apply. 1. m. Damage to Your Work also does not apply. These exclusions are removed but only with respect to animals the veterinarian treats in its practice.

Note: Deleting the first exclusion acknowledges that this endorsement provides professional liability coverage. Deleting the second and third is important because damage to animals is considered property damage, not bodily injury. If these two exclusions were not deleted, all professional coverage would be eliminated.

3. Three exclusions are added. The coverage this endorsement provides does not apply to:

a. Bodily injury, personal injury, or advertising injury, other injury, or property damage that arises from criminal acts the insured or any person it is responsible for commits. This includes fraud but is not limited to just it.

 

Example: Phyllis brings Fushi Queen Kao in for grooming and a bath. She has an impeccable pedigree and is extremely valuable. The veterinarian's assistant accepts $5,000 to swap and replace her with a nearly identical substitute. However, the substitute runs away from Phyllis and returns to the accomplice. Phyllis is devastated and keeps looking for her dog. The fraudulent act is eventually discovered. Phyllis sues but coverage is denied because the veterinarian was legally responsible for the assistant who committed the fraudulent act.

 

b. Liability that results from theft of any animal

c. Bodily injury, property damage, or other injury caused by or that results from any fire

D. Who is an Insured

Who is an Insured is changed. The major differences are:

1. The term "volunteer" is removed. This means that there is no professional coverage for a volunteer who works with the veterinarian.

2. Item 2. a. (1) (d) is removed. This removes employees as insureds for bodily injury, personal and advertising injury, or other injuries due to professional services.

3. Item 2. a. (2) is added. It states that employees are not insureds for bodily injury, property damage, personal and advertising injury, or other injuries that arise due to the professional services unless they are veterinarians. In that case, they are covered for such injuries as they relate to the practice of veterinary medicine but only in connection with the named insured’s business.

E. Liability and Medical Expenses Limits of Insurance

This section amends the limit of insurance as it relates to professional liability coverage. It states that the liability and medical expenses limits on the declarations are the most paid in any one occurrence. This coverage does not have a separate limit of insurance.

F. Definition

The definition of occurrence is amended and clarified for the purpose of this endorsement to include any act or omission related to providing or failing to provide any professional veterinary service.