Assault & Battery Exclusion Clause?

Discussion in 'Business Operations' started by tx_angler, Jan 14, 2004.

  1. tx_angler

    tx_angler LawnSite Senior Member
    Posts: 278

    I'm looking at a different insurance company and they quoted me $955.05. Last company was over $1400. Both policies are $1 million dollars each incident/$2 million general aggregate general liability.

    The new company exclusionary clauses include:
    "Assault & Battery Exclusion"
    "Oral Contracts Exclusion"

    I asked the agent and here is his reply:

    "Assault and battery exclusion says the policy will not pay damages arising from you or your employees beating up your customers. Probably not a very good business practice anyways." (DUH?)

    "Oral contracts exclusion says the policy will not pay if a customer sues you over a contract that was not in writing. Basically, get everything in writing."

    They're also going to charge me $52.50 per Additional Insured and Waiver of Subrogation endorsement. My last insurance company didn't charge for this, so I'll probably just build it into the contract if new customers want one. Current customers i'll probably have to eat the cost.

    Anyone else have these in their policy?
     
  2. olderthandirt

    olderthandirt LawnSite Platinum Member
    from here
    Posts: 4,900

    Yes I pay extra for the Assault & Battery rider on my policy
    "Assault and battery exclusion says the policy will not pay damages arising from you or your employees beating up your customers. Probably not a very good business practice anyways." You are right. but I have a bad temper and figure the added cost is worth it to me. Everyone has done work for a PITA and I can deal with most but theres always that one that presses the wrong button, I had one guy that was so drunk that as his wife was writing me a check he's in the street calling me out. It does not cost that much extra for the peace of mind. JMO


    Mac
     
  3. DFW Area Landscaper

    DFW Area Landscaper LawnSite Silver Member
    from DFW, TX
    Posts: 2,116

    Oderthandirt,

    You actually buy the additional assault and battery coverage because you're worried about yourself?????

    Employees who have do this work for 8 bucks an hour...that's your liability.

    If you're buying the coverage because you're worried about your own actions...you're one stange dude!

    Later,
    DFW Area Landscaper
     
  4. olderthandirt

    olderthandirt LawnSite Platinum Member
    from here
    Posts: 4,900

    No I don't take no s!it you stand in the rd calling me everthing you can think of and call me out I go and I went when the other guy did it. Work is work if someone wants to make it personal I take it personally.

    Mac
     
  5. brucec32

    brucec32 LawnSite Platinum Member
    Posts: 4,403

    you need to remember that a big part of liability coverage is that the insurance company pays to defend you in court against claims. So I'm not sure, but if you merely get accused "he hit me first" you could be without coverage for something when you didn't do anything wrong.

    The cost of defending yourself could make you just as broke as if you lost a judgement. I'd keep that in mind.

    I've noticed that in recent years insurance companies are steadily looking to eliminate coverages that were once standard. I read my policy carefully recently and noticed that while it was a $2,000,000 policy, it only covered fire up to $500,000, and that's a real risk when operating power equipment, imagine hitting the gas line at the house or something. I'm sure stranger things have happened.

    Insurance companies are sneaky devils, Nationwide is not "on your side" these days.
     
  6. bayoulawn

    bayoulawn LawnSite Member
    Posts: 211

    May I ask the name of your ins. company?
    I am looking for some insurance myself and that price is a lot cheaper than what I have come across so far.
    Thanx
     
  7. mtdman

    mtdman LawnSite Gold Member
    Posts: 3,137

    I have had customers totally get in my face and try to pick a fight with me. Even older ladies will just poke and provoke you. As a younger man, I would respond to it with yelling. As I age, I try to just walk away. But I could see a customer start something physical with me, and have it turn against my favor. So I think I'd pay to be covered for assault and battery.

    Just me, though.

    :D
     
  8. John Allin

    John Allin LawnSite Bronze Member
    Posts: 1,489

    We pay $250 per year for the subrogatoin waiver, and that covers all certificates issued with that on there. We pay nothing extra for 'additional insured' language.
     
  9. Fantasy Lawns

    Fantasy Lawns LawnSite Bronze Member
    Posts: 1,913

    Oral Contracts Exclusion ??

    I don't understand this

    Does this mean that say you are cutting a regular cutomers lawn and the neighboor comes out too ask if you could cut his yard this 1 time n you say sure $50 ... than he say OK

    So .... you go over to cut it n knock a rock into little johnny whom is playing in the yard next door n he gets hurt that your on your own ??

    Also if I have a contract issue with a customer would I not contact Matlock n not my liability carrier
     
  10. olderthandirt

    olderthandirt LawnSite Platinum Member
    from here
    Posts: 4,900

    Thats what it means no written contract no coverage

    Mac
     

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