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Construction Insurance Bulletin

What is OCP coverage?

By November 4, 2014No Comments

Owners and Contractors Protective Liability (OCP) coverage form addresses the vicarious nature of some liability issues. When an owner orders a subcontractor to complete work, and property damage or bodily injury to a non-employee occurs, the subcontractor is liable. But suppose the injured party sues the owner too. The owner will not have liability coverage for the acts of the subcontractor – vicarious liability.

OCP is designed for the subcontractor to insure the owner under these circumstances.

Suppose a contractor is acid washing a building. Traffic lanes near the curb are blocked, it’s a windless day. The crew is acid washing while a car pulls into the barricades and parks. The crew continues doing the job.

The driver complains to the owner and the contractor about damage to the paint job. The contractor turns the claim in and awaits denial since the driver ignored all the warning signs. The building owner can only respond to the claim through the OCP policy since it was within the scope of the work of the subcontractor at his direction.

Now suppose under the same scenario, the workers stopped and yelled at the driver to move his car. The building owner comes out and directs the workers to keep going regardless of the car or its paint job. The subcontractor would be covered under his liability policy, but the building owner would be excluded under the OCP because the damage was a result of his direct instructions, in effect, he became the workers supervisor.

OCP extends coverage to owners who rely on the subcontractor to supervise and complete operations. When the owner crosses the line to take control of the work, OCP no longer applies.

OCP also excludes the usual exclusions under a general liability policy. You cannot be the building owner and the contractor.