What Is Stop Gap Insurance?

Stop gap insurance coverage helps protect business owners from lawsuits that may arise due to workplace injuries or illnesses. It fills the gap in coverage within a business owner’s workers’ compensation insurance policy, ensuring they are safeguarded from potential lawsuits filed by employees or their families. While not required by law, having stop gap coverage is important for business owners to mitigate risks and protect their financial well-being.

To better grasp the concept of stop-gap insurance coverage, let’s consider a hypothetical scenario. Imagine you run a small construction company, and one of your employees sustains a serious injury while working on a project. Your workers’ compensation policy provides some coverage for medical expenses and lost wages. However, if the injured employee decides to file a lawsuit seeking additional damages due to negligence, your general liability insurance may not fully cover you. That’s where stop-gap insurance steps in, filling the gap between your primary policies.

Suppose the injured employee sues your company for $1 million in damages caused by alleged negligence. Your general liability insurance provides coverage up to $500,000. Without stop-gap insurance, you would be responsible for the remaining $500,000 out of pocket.

However, if you have stop-gap insurance coverage with an additional limit of $500,000, it could cover the remaining amount and protect your business assets from being compromised.

Now that we have an understanding of what stop-gap insurance coverage is let’s explore the scope of its coverage.

Stop-gap insurance coverage provides essential protection against claims related to bodily injury or property damage that might arise during the course of business operations.

It functions as an endorsement that can be added to your existing general liability insurance policy. By doing so, it enhances both the limits and breadth of coverage available to your business.

When it comes to specific scenarios covered by stop-gap insurance, it typically includes claims arising from accidents or injuries caused by employees or third parties while performing work on behalf of your business. This can encompass situations like slip and fall accidents, property damage caused by faulty workmanship, or defective products that result in bodily injury.

For instance, imagine you own a restaurant, and one day, a customer slips on a wet floor near the entrance and becomes injured. If that customer decides to sue your business for medical expenses and lost wages due to the incident, stop-gap insurance coverage could help protect your business by providing the necessary financial resources to handle the lawsuit.

When considering whether to obtain stop-gap coverage, it’s essential to carefully evaluate your business operations and potential areas of exposure. 

Understanding the specific risks your business might face will enable you to tailor your stop-gap insurance coverage accordingly.

Stop gap insurance coverage is a valuable policy for business owners across various industries. While it’s not required by law, certain factors can make it especially beneficial for some individuals or companies. 

For example, employers operating in the four monopolistic states of North Dakota, Ohio, Washington, and Wyoming, where workers’ compensation coverage must be obtained from a state fund, should strongly consider obtaining stop gap coverage. 

Policies purchased through these state funds typically do not include employer’s liability insurance, leaving businesses vulnerable to lawsuits related to workplace injuries or illnesses.

 Companies in these states would greatly benefit from the additional protection provided by stop gap insurance.

Stop-gap insurance offers several key benefits that make it an important consideration for business owners. 

Firstly, it helps protect them from potential lawsuits filed by employees or their families due to workplace injuries or illnesses. In such cases, stop gap insurance fills the gap in coverage left by a business owner’s workers’ compensation insurance policy.

Secondly, stop gap coverage can be added as an endorsement to a general liability insurance policy. This endorsement provides protection against claims of bodily injury or property damage that may arise during the course of business operations. It serves as an extra layer of financial security for businesses facing potential legal liabilities.

Furthermore, securing stop gap insurance offers peace of mind to business owners who understand the risks associated with their industry. By having this coverage in place, they can focus on running their business effectively without constantly worrying about the possibility of lawsuits draining their financial resources.

For instance, consider a construction company that employs workers engaged in physically demanding tasks. There is always a risk of workplace accidents and injuries occurring despite strict safety measures being in place.

In such situations, having stop gap insurance can provide the necessary protection against potential legal claims and ensure that the company can continue operating without significant financial setbacks.

To understand the concept of stop-gap insurance coverage, it is important to recognize its connection to workers’ compensation. Workers’ compensation insurance provides benefits to employees who suffer work-related injuries or illnesses. It is a crucial protection for both employers and their employees, ensuring that medical expenses and lost wages are covered in the event of an accident. 

However, in certain states, the workers’ compensation system operates differently, leading to the need for additional coverage like stop-gap insurance.

In non-monopolistic states, traditional workers’ compensation policies typically include two parts: Part 1 – Workers’ Compensation Insurance and Part 2 – Employers’ Liability Coverage. 

Part 1 covers medical expenses and lost wages for employees injured on the job, while Part 2 provides protection for employers against legal claims made by employees seeking damages for workplace injuries.

For instance, if an employee is injured due to employer negligence and files a lawsuit, the Employers’ Liability coverage would come into play, covering legal expenses and potential settlement costs.

However, in monopolistic fund states where the state itself administers workers’ compensation insurance, employers are required to obtain coverage from a compulsory state fund or qualify as self-insurers. These states do not allow private insurance companies to participate in a competitive open market for workers’ compensation insurance.

This distinction creates a gap in coverage since there is no Part 2 – Employers’ Liability coverage provided by workers’ compensation policies in monopolistic states.

To address the gap in coverage caused by the absence of Employers’ Liability in monopolistic states, employers have an option called stop-gap insurance coverage. 

Stop-gap coverage is an endorsement that can be added to a general liability policy. It provides employers with liability protection for work-related injuries or illnesses that occur in monopolistic fund states where traditional Part 2 coverage is not available.

This endorsement essentially acts as an extension of the general liability policy, filling the void left by the absence of Employers’ Liability in monopolistic states. With stop-gap coverage, employers can have peace of mind knowing that they are protected against potential legal claims from employees.

For example, if an employee in a monopolistic state suffers a work-related injury and decides to sue the employer for negligence, the stop-gap coverage would come into play, ensuring the employer has liability protection against such claims.

It’s important for employers operating in monopolistic fund states to consult with their insurance agent or broker about obtaining stop-gap coverage. This additional endorsement can help bridge the gap created by the absence of Employers’ Liability in these states and provide essential protection for both employers and employees.

Obtaining stop-gap insurance coverage involves several crucial steps that business owners need to navigate successfully. 

The first step is to find an insurance company that offers this type of endorsement. At The Allen Thomas Group, we work with insurance companies that have solid stop-gap coverage plans available to you.

Once we help you find a suitable insurance provider, we ask you to gather all relevant information regarding your existing workers’ compensation insurance policy. This includes policy numbers, effective dates, and details about the current carrier. Having this information readily available will streamline the application process.

Next,  we will need to complete the necessary documentation for applying for stop-gap coverage. This typically involves filling out application forms and providing details about the business’s operations, number of employees, and any previous claims history.

It is essential to be thorough and accurate when completing the application forms to ensure the insurance provider has a comprehensive understanding of the business’s needs. This will help determine the appropriate coverage options and pricing.

Once the application has been submitted, there will be an underwriting process where the insurance provider evaluates your risk profile. 

This evaluation includes factors such as industry type, claims history, and safety measures implemented by the business. Following successful underwriting, the insurance provider will issue a policy or endorsement that outlines the terms and conditions of the stop-gap coverage.