The following parts of our liability policy are those that I would ask a Liability Coverage attorney for their opinion:

COMMERCIAL GENERAL LIABILITY

CG 00 01 04 13

COMMERCIAL GENERAL LIABILITY COVERAGE FORM

SECTION I – COVERAGES

COVERAGE A – BODILY INJURY AND PROPERTY

DAMAGE LIABILITY

1. Insuring Agreement

b. This insurance applies to "bodily injury" and

"property damage" only if:

(1) The "bodily injury" or "property damage" is

caused by an "occurrence" that takes place

in the "coverage territory";

HOW WILL THE CARRIER DEFINE “OCCURRENCE”? – SUDDEN AND ACCIDENTAL? I am concerned that since rocks have been falling for years that the insurance company, when a claim is presented, may say the loss, or Occurrence, was not "sudden and accidental", meaning it may not qualify for coverage.

2. Exclusions

This insurance does not apply to:

a. Expected Or Intended Injury

"Bodily injury" or "property damage" expected or

intended from the standpoint of the insured.

This exclusion does not apply to "bodily injury"

resulting from the use of reasonable force to

protect persons or property.

COULD WE HAVE “EXPECTED” A LOSS TO OCCUR SINCE ROCKS HAVE BEEN FALLING FOR SOME TIME? If a claim is submitted to the insurance carrier, could they say that we "expected" a claim would happen, since we know rocks have been falling for some time?

SECTION V – DEFINITIONS

13. "Occurrence" means an accident, including continuous

or repeated exposure to substantially the same

general harmful conditions.

AGAIN - HOW WILL THE CARRIER DEFINE “OCCURRENCE”? – SUDDEN AND ACCIDENTAL? Same as above

SECTION IV – COMMERCIAL GENERAL LIABILITY

CONDITIONS

6. Representations

By accepting this policy, you agree:

a. The statements in the Declarations are accurate

and complete;

b. Those statements are based upon representations

you made to us; and

c. We have issued this policy in reliance upon your

representations.

I DON’T KNOW WHAT STATEMENTS / ANSWERS WERE PROVIDED TO THE CARRIER VIA OUR RENEWAL APPLICATION, BUT THIS IS AN AREA THAT WOULD BE LOOKED AT, SIMPLY BECAUSE WE DEFINITELY HAD KNOWLEDGE, AND IF WE AVOIDED GIVING THE CARRIER CORRECT ANSWERS (IF ASKED IN THE APP) WE COULD HAVE A PROBLEM. I have not seen the renewal application submitted to the insurance company, however, I would be sure to look at any and all statements we made to be sure we did not "Omit" or "Misrepresent" and facts about the risk.

Let's get a written opinion from the insurance carrier and/or a Comprehensive General Liability Insurance Attorney. This would let us know if we need to take any action, or if the coverage we now have is sufficient.