P-IV.A · Commercial Package Policy (CPP) Program
Books and records, inspections, and transfer of rights
Examination of your books and records: the insurer may examine and audit the insured's records that relate to the policy during the policy period and for up to three years afterward. This is what supports premium audits. If a CGL premium was based on estimated payroll, the insurer audits the actual payroll records to set the final premium.
Inspections and surveys: the insurer may inspect the premises, give reports and recommend changes. These steps relate to insurability and the premium. The insurer does not make safety inspections and does not warrant that conditions are safe or meet any code, so silence in an inspection report gives the owner no guarantee.
Transfer of your rights and duties: an insurer chooses whom it insures, so the named insured's rights and duties under the policy may not be transferred without the insurer's written consent. Selling the insured property does not carry the policy to the buyer. Exception: if an individual named insured dies, rights and duties pass to the legal representative.
California rule (Insurance Code §520): an agreement made before a loss not to transfer the claim after the loss has happened is void. So once a covered loss has occurred, the insured may assign that claim, for example to the contractor who is rebuilding, even though the policy requires consent for transfers.
Remember
· Books and records: policy period + up to 3 years after.
· Inspections serve insurability and premium, not safety.
· Transfer needs the insurer's written consent; at death, rights pass to the legal representative.
· §520: a claim for a loss that already happened can be assigned.
CA
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