Employers Liability

[Shagster12]

I am needing advise on how to address a General Contractor that is demanding Employers Liability be provided by my client whom is a sub-contractor. My client is currently carrying their worker's compensation through a Self Insured PEO group and we're being told there is no coverage provided.
Any advice, comments, observations would be greatly appreciated.
Shagster12

[Big Dog]

Yikes! A "self-insured PEO". Sounds like an oxymoron.

Their GL carrier may be able to endorse it on, or you may be able to obtain it thru a surplus lines broker (i.e. Swett, etc.)

[InsMgmt]

Shagster,

I would direct you to an excellent series of articles on Workers Comp and Employers Liability by Chris Boggs, MyNewMarkets.com. Here is a link to the first of several articles dealing with Employers Liability: http://www.mynewmarkets.com/article_view.php?id=92857

You will see links to all of the other articles listed at the bottom of the page.

Hal

[Shagster12]

Thanks Hal.
I've actually already read through all points of the article and have printed it all for future reference.
My problem / dilemna is that the General Contractor is telling us they want a specfic cover for the Employers Lia. but my contention is that this is provided by part two of the Worker's Comp policy.
Has anyone ever provided this on a stand alone basis or is it available now?
Shagster

[InsMgmt]

Shagster,

Have you read the GC's contract? Is there an indemnification agreement and hold harmless wording? If so, it would seem that this discussion about Employers Liability is simply an academic exercise. Maybe the person at the GC doesn't understand the indemnification agreement and needs to consult with his attorney.

Your client's employees are being leased by the GC through the PEO, and the PEO is the employer of record for your client's workers. The Employers Liability coverage, if available, would cover the liability of the PEO as employer and perhaps not your client. If that is the case, then trying to determine who is liable and whether or not there is sufficient resource to payout on a potential Employer Liability claim becomes a bit convoluted.

If the requirement for the Employers Liability is maintained by the GC, because he is following the dictates of risk transfer, and is not interested in entering into a discussion on the finer points of the PEO's self-insured Workers' Comp program, your client should be able to purchase Employers' Liability as a stand-alone policy. Employers domiciled and operating nearly exclusively in a monopolistic state can purchase a stand-alone employers' liability policy from a private insurer, so the market is out there. Here is a listing of some of the companies/brokers offering Employers Liability coverage:


Agency Specialty Product Network
Wats: 877-275-2776
Operating: An insurance company representing managing underwriters, program administrators, managing general agents, excess and surplus lines brokers, risk retention groups and insurance exchanges in all states on an admitted and nonadmitted basis.

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AMIS/Alliance Marketing & Insurance Services Phone: 760-471-7116
Wats: 800-843-8550
Operating: An excess and surplus lines broker operating in all states on an admitted basis.

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AmWINS Group, Inc. Phone: 704-943-2700
Operating: A managing underwriter, program administrator, managing general agent and excess and surplus lines broker operating in all states on an admitted and nonadmitted basis.

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BISYS Specialty Programs, a division of Crump Insurance Services, Inc.
Wats: 877.BISYS.PC
Operating: A managing general agent operating in all states on an admitted basis. Also operating in all states for SGL, NTL and EPLI on a nonadmitted basis.

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Black/White & Associates Phone: 702-856-0900
Operating: A managing general agent operating in all states except AR, CT, DE, LA, ME, NH, RI, SD, VA and VT on an admitted basis.

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Casualty & Surety, Inc. Phone: 205-995-0713
Operating: A program administrator, managing underwriter, managing general agent and excess and surplus lines broker operating in all states on an admitted and nonadmitted basis.

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Charity First Phone: 415-536-8554
Operating: A managing underwriter and managing general agent operating in all states except HI on an admitted basis.

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Crump Insurance Services, Inc.
Wats: 877-247-9772
Operating: A program administrator, managing general agent and excess and surplus lines broker operating in all states on an admitted and a nonadmitted basis.

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E.L.M. Insurance Brokers, Inc. Phone: 310-322-1301
Operating: A managing underwriter and excess and surplus lines broker writing E&O, EPLI and D&O. Operating in AZ, CA, ID, KS, NV, OK, OR and WY on an admitted and nonadmitted basis.

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Herbert H. Landy Insurance Agency, Inc.
Wats: 800-336-5422
Operating: A program administrator operating in all states on an admitted basis. Also operating in CA on a nonadmitted basis.

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International Excess Agency, Inc. Phone: 216-797-9700
Wats: 800-937-3497
Operating: An excess and surplus lines broker writing privacy insurance. Operating in all states except AK on an admitted and nonadmiited basis.

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James River Insurance Company Phone: 804-289-2700
Operating: An insurance company operating in all states except NH and OH on a nonadmitted basis.

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Midlands Management Corporation Phone: 405-840-0074
Wats: 800-800-4007
Operating: A managing underwriter, program administrator, managing general agent, and excess and surplus lines broker operating in all states on an admitted and nonadmitted basis.

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NIF Group, Inc./NIF Pro Phone: 516-365-7440
Wats: 800-892-8892
Operating: Company is a managing general agent, excess and surplus lines broker, managing underwriter, and program administrator operating in all states on an admitted basis. Also operating on a nonadmitted basis in AZ, AR, CT, DC, FL, GA, IN, MA, MI, MO, MN, MS, NC, NM, NJ, NY, PA, RI, TN, TX, UT, VA, WI and WY.

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Philadelphia Insurance Companies
Wats: 800-873-4552
Operating: An insurance company operating in all states except LA on an admitted basis. Also operating in AK, AR, CO, CT, DE, MN, NV, NH, NJ, RI, TN and VT on a nonadmitted basis.

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Tri-City Brokerage, a Div. of Crump Insurance Services, Inc.
Wats: 877-247-9772
Operating: A program administrator, managing general agent, and excess and surplus lines broker operating in all states on an admitted and nonadmitted basis.

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Venture Insurance Programs Phone: 610-692-9701
Wats: 800-282-6247
Operating: A program administrator writing privatized military housing. Operating in all states on an admitted and nonadmitted basis.

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Wells Fargo Insurance Services Phone: 304-346-0611
Operating: A program administrator operating in all states on an admitted basis.

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Westrope Phone: 816-842-8222
Operating: An excess and surplus lines broker operating nationally.

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World Wide Specialty Programs, Inc.
Wats: 800-245-9653
Operating: A managing general agent writing for staffing industry-only fidelity bonds, property coverage, and workers comp for most industries. Operating in all states on an admitted basis.

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Worldwide Facilities, Inc. Phone: 213-236-4500
Operating: An excess and surplus lines broker operating in all states on an admitted and nonadmitted basis.



Good luck!

Hal