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Professional Liability Insurance

Posted: March 23, 2017 11:52am

Almost every business or firm can become liable for injury to others resulting from a condition on its premises or arising out of its operations, products, completed work or actions of its employees. Providing coverage for those exposures is the purpose of various forms of liability insurance. Persons ...

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Update on Past Articles

Posted: November 06, 2016 04:12pm

First, in the article “Anti-indemnity Statutes”, I mentioned being aware of and reviewing any “venue and choice of law” clauses. As for construction contracts are concerned, MCA 28-2-2116. Construction Contracts-void provisions”, seems to take care of the “venue and choice of law” issue! Part ...

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Anti-Indemnity Statute

Posted: October 11, 2016 10:10pm

Indemnity clauses generally are more common to construction projects primarily due to the risks involved maintaining a safe work environment. Indemnity is required from the general contractor by a project owner and, in turn, subcontractors by the general. An ‘upstream’ flow of risk transfer. Thus, a ...

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Ordinance or Law Coverage

Posted: August 05, 2016 03:02pm

The current ISO Commercial Property Causes of Loss form contains an exclusion stating that the insurer will not pay for loss or damage caused directly or indirectly by “the enforcement of any ordinance or law: (1) regulating the construction, use or repair of any property; or (2) requiring the tear ...

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Directors and Officers Insurance

Posted: July 06, 2016 04:17pm

Directors & officers of a corporation may be subject to personal liability for acts performed in their duties as an officer or director. These liabilities can be divided into two types – liabilities for which the corporation may indemnify the directors or officers and those liabilities for which ...

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Does Faulty Workmanship Qualify as an Occurrence

Posted: April 15, 2016 08:49pm

A question asked, and tried to be answered, in many different courts! Numerous articles have been written and rewritten, along with state and federal court decisions, that all address the same question: Is faulty workmanship an occurrence?

First, some basic guidelines before trying to look at possible ...

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TNC Update & Montana & the Ride-Share Industry

Posted: February 26, 2016 09:35am

Transportation network companies (TNC’s) have become a viable part of the sharing economy. Companies like Airbnb and Uber are considered pioneers in this new era of sharing. However, as with most emerging markets there are new and unexpected risks. Some, for Uber, were addressed in a recent blog—TNC’s. ...

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The Independent Contractor-Addressed Again??

Posted: January 02, 2016 05:00pm

In a prior blog I discussed “Workers’ Comp. & the Independent Contractor”. Primarily, the “What is …..” question was addressed and dealt with the “control” issue. After a Montana Supreme Court decision in 2003, “Kelly Wild vs Fregein Construction”, significantly ...

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Buying Workers' Compensation Insurance

Posted: November 16, 2015 09:28am

In Montana, every employer who has an employee is required to purchase, or self insure, coverage for an injury or illness arising out of and in the course and scope of employment. Called the “Great Tradeoff” in 1911, a compromise had to be made between labor and industry. Each had to be willing to ...

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Condominium Association Insurance

Posted: October 05, 2015 11:08am

The condominium association business is managed by its by-laws and declarations. These are unique to each association and deal with the day-to-day obligations and duties of the board and unit owners. The documents can be structured to lay the guidelines for choosing the board, maintaining the premises, ...

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Transportation Network Companies-TNC’s

Posted: July 17, 2015 09:28am

Uber, Lyft & Sidecar—the three top names in the ‘ride-share’ services industry. Since December 2014, there were approximately 163,000 active Uber drivers, offering about 1 million paid rides a day in more than 250 cities around the world! Via a mobile app, passengers in search of a ride may locate ...

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“Triggering Property Insurance Coverage—Maybe!”

Posted: June 06, 2015 09:57pm

Insurance contracts are constructed with the intent to provide coverage for certain risks of loss, but not for all of them. Therefore, the insurer who drafts those policies must design the appropriate policy language to accomplish both objectives. Property insurance (1st party) is constructed to cover ...

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Insuring the Boss

Posted: April 24, 2015 10:58am

Workers’ Compensation Coverage is generally always a substantial cost item in any business financial statement. Therefore, business owners pay special attention to the various methods in containing those costs. A very common way to control some of the cost is by electing to either exclude coverage on ...

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“The Bakken and Workers’ Compensation Coverage”

Posted: March 13, 2015 10:42am

The Bakken oil patch has provided great opportunities for employment for numerous workers. With work opportunities naturally goes the need for workers’ compensation insurance coverage. While the Bakken region encompasses both Montana and North Dakota, the majority of employment occurs in the latter state. ...

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An Insurance ‘Intermediaries’ Duty to the Client

Posted: February 04, 2015 08:49am

Insurance intermediaries are typically classified as either ‘agents’ or ‘brokers’. While agents will generally serve a single insurer, brokers are usually seen as independent contractors who will have a relationship with a number of insurers. It would then appear that there is a distinction in the process ...

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Buying Insurance---in 15 Minutes or Less?

Posted: January 04, 2015 08:18pm

The opening sentences in a January 2002 article by Greg Munro, U of M, School of Law, for “The Scholarly Forum” states “Trial lawyers are all too familiar with cases in which an insured has purchased coverage that wasn’t appropriate for the client’s situation, either because the basic insuring agreement ...

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Workers’ Comp. and the Independent Contractor

Posted: December 02, 2014 04:25pm

Montana was one of the first states to enact legislation relating to the needs of injured workers. The State Accident Insurance and Total Permanent Disability Fund was enacted in 1909, for coal miners. Workers’ Compensation laws, later adopted by all states between 1911 and 1940, were designed to provide ...

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Negligent Entrustment

Posted: November 01, 2014 08:49pm

In a claim for negligent entrustment you will have cause to pursue not only the driver of the vehicle for compensation, but also the owner! Negligent entrustment rules do not make the owner of a vehicle vicariously liable for the acts of the driver of the vehicle; they make him directly liable for ...

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Occurrence vs. Claims Made..& Switching!

Posted: October 06, 2014 04:13pm

Generally all Property/Casualty policies you purchase will fall into one of two categories-“Occurrence” or “Claims Made”. In an earlier article I talked about the claims reporting provisions between “Claims Made & Reported” vs. “Pure Claims Made” forms. Now lets compare those two forms with the ‘occurrence’ ...

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"Claims Made"------and "Reported"

Posted: August 04, 2014 03:49pm

There are two distinct "Claims Made" policy forms and the difference can determine the outcome of a potential claim. The two types are: “Claims Made” and “Claims Made and Reported”. Both forms contain the Wording “Claims Made”. This will be the written demand for money or services being made. ...

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A Serious Gap in Homeowners Insurance Coverage

Posted: July 01, 2014 08:58am

A number of surveys and studies have clearly indicated that consumers are largely unaware of the potential coverage gap that may be created by certain occupancy situations. The Big “I” Independent Insurance Agents and Brokers of America ‘think tank’ published an article in 2009, “Where You Reside” ...

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Managing Risk

Posted: June 01, 2014 03:02pm

First, What is “Risk”?

Probably something you encounter on a regular basis. Risk is the uncertainty of loss. It is not knowing when or how a loss of property or income will occur. This uncertainty can be dealt with in three different ways. Risk can be handled by avoidance, acceptance or transfer. ...

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Darnielle Insurance is a second generation, family owned business started in 1986 servicing Billings, MT and surrounding areas. We are an independent insurance agency with the ability to shop various providers to offer you a choice of insurance products. We're here to help answer your questions.

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