HO 24 82–PERSONAL INJURY ENDORSEMENT
(July
2020)
The
Insurance Services Office’s (ISO) Personal Injury Endorsement substantially
broadens the coverage available under Section II - Liability. For an additional
premium, this endorsement provides coverage for “personal injury” under
Coverage E - personal liability.
DEFINITIONS
Two
definitions are added:
Personal injury is defined as injury
that is caused by one or more of the following offenses:
|
false
arrest |
false
detention |
false
imprisonment |
|
malicious
prosecution |
libel |
slander |
|
defamation
of character |
invasion
of privacy due to publication or statement |
wrongful
eviction, or wrongful entry |
Fungi is defined as fungus in its many forms such
as mold and mildew. It also includes spores, scents, and other byproducts. The
term does not apply to any sort of product meant for consumption (i.e., edible
mushrooms, certain cheeses, and similar items).
COVERAGE
A
HO policy modified by the Personal Injury endorsement will protect an insured
for a wider variety of losses, specifically injuries to third parties caused by
an insured’s statements that may:
- Hurt
another person’s reputation
- Harm
another party’s individual rights
Payment
is subject to the liability limit that appears on the policy that is modified
by the HO 24 82 form. The protection includes the policy’s providing a legal
defense against personal injury claims and lawsuits.
|
Example: Tyra is upset about the
school board's refusal to listen to her suggestions on the local high
school’s math curriculum. She writes an
email that is posted on her
town's news website. The email contains the following sentence: "The
board members are so committed to getting their books from one source that
I'm convinced they're guilty of taking kickbacks!" A few days after the posting, two of the board members
(named in Tyra’s email) sue her. Tyra's HO policy, modified by the HO 24 82
endorsement, would respond to this legal action. |
Note: The policy's Section II
exclusions do not apply to personal injury.
EXCLUSIONS
The
endorsement, while broadening a homeowners policy, still excludes a variety of
circumstances.
1. A homeowner policy modified with
this endorsement still does not apply to personal injury:
a. Caused in the violation of another
party’s rights resulting from an insured deliberately violating the law
(including an act that is done with an insured's knowledge or approval)
b. Created by a false statement or
publication involving an insured or by a party supervised or directed by an
insured when the insured is aware that the information is not true
c. That is caused by any initial
statement or communication that occurs before the policy (or endorsement’s)
effective date
d. Involving an insured’s direct or
indirect criminal activity
e. Related to liability that an insured
agrees to assume contractually. However, a loss involving an agreement
concerning an insured premises (ownership, maintenance, or use) may be covered.
|
|
Example: Jane completes a contract to rent out her home for the
summer (while she vacations in |
f. Suffered by any person when that
injury is due to that person being employed
by the "insured."
g. Related to injury arising from an
insured's business activity (including related services, acts or omissions) that
is operated from any place the policy specifies as an insured location. There
are exceptions.
·
The insured location is rented out. This
exception applies if the rental is considered occasional. It can also apply if
the parts of the residence are rented out to no more than two lodges while the
family continues to reside in the house. The final rental exception is if part
of the location is rented as a school, studio, private garage, or office.
·
An insured person younger than 21 has a business
activity but the activity is NOT full-time and does not involve any employees.
h. Involving any civic or public
activities that an insured is paid to perform.
|
Example: An
insured is sued for wrongfully detaining a young man he suspects of stealing
an electric bass during an outdoor concert. The insured was paid to work on
the music festival's security staff so there is no coverage under his HO 24
82. |
|
i. Involving any claim or suit for
personal injury to the named insured or another insured. This exclusion is
absolute so that any repayment or shared responsibility by another is also
excluded.
j. Related to incidents of pollution,
including allegations and threats of such instances
k. Connected to incidents involving
exposure to rot, fungi (as defined) or bacteria
2. This form does not respond to any
loss or expense:
a. Related to any form of request that
an insured monitors, tests or remediates any area for the effects of
pollutants, fungi, rot, or bacteria
b. Involving a claim or lawsuit from
any government unit related to testing, monitoring, or remediating any area for
the effects of pollutants, fungi, rot, or bacteria
ADDITIONAL COVERAGE
D. Loss Assessment
The
coverage under the HO 03 for Loss Assessment is replaced by the following as it
applies to this endorsement coverage.
The
policy provides up to $1,000 per incident being assessed (as either part of a
corporation or other group of property owners) for a charge involving personal
injury. Assessment must be related to a covered personal injury incident. The
assessment coverage does not apply when it is due to a fine or charge levied by
any unit of government.
CONDITIONS
When
this endorsement is used, the base policy’s Policy Period Condition is
eliminated because is applies to only bodily injury and property damage
Also,
the Limit of Liability, Severability of Insurance, and Duties After Occurrence
Conditions are replaced. The main purpose is to substitute the term offense for
the term occurrence.