11.1 CGL Limits of Insurance and Aggregates
Key Takeaways
- The CGL Declarations contain six limits; the Each Occurrence Limit caps a single occurrence while the General Aggregate caps the annual total of most coverages.
- The Products-Completed Operations Aggregate is separate from the General Aggregate; exhausting one does not affect the other.
- Standard CGL defense costs are Supplementary Payments paid in addition to the limits and do not erode them.
- Damage to Premises Rented to You and Med Pay are sublimits within the Each Occurrence Limit and General Aggregate respectively.
CGL Limits of Insurance and Aggregates
The ISO Commercial General Liability Coverage Form (CG 00 01) is the backbone of business liability insurance, and exam questions hammer on how its six interlocking limits respond. The current edition most candidates will see referenced is CG 00 01 04 13, though the 12 04 and 12 07 editions still appear. The limits are not stacked freely; they sit in a hierarchy where smaller per-occurrence and per-person caps feed into larger annual aggregates.
The Six Limits in the Declarations
The CGL Declarations list six dollar limits. Memorize their relationships because exam math depends on it:
| Limit | What it caps | Typical value |
|---|---|---|
| General Aggregate | Most paid in the policy period for BI/PD, Med Pay, and Personal & Advertising Injury combined (except products-completed operations) | $2,000,000 |
| Products-Completed Operations Aggregate | Most paid for products and completed-operations claims | $2,000,000 |
| Personal & Advertising Injury Limit | Most paid per person/organization for Coverage B | $1,000,000 |
| Each Occurrence Limit | Most paid for one occurrence (BI + PD combined) | $1,000,000 |
| Damage to Premises Rented to You | Most for fire (and certain other) damage to rented premises | $300,000 (per premises) |
| Medical Expense (Med Pay) | Most for medical expenses per any one person | $5,000 |
How the General Aggregate Limits Coverage
The Each Occurrence Limit is the maximum for any single occurrence, but the General Aggregate is the annual ceiling that the sum of all occurrences (plus Coverage B and Med Pay) cannot exceed. Once the General Aggregate is exhausted, the insurer pays nothing more for the remainder of the policy period, even if the per-occurrence limit on a new claim is technically available. This is the single most tested CGL concept.
The Products-Completed Operations Aggregate is separate from the General Aggregate. Erosion of one does not erode the other, so a business can exhaust its products aggregate yet still have premises-and-operations coverage available under the General Aggregate.
Worked Numeric: Aggregate Erosion
Assume limits of $1,000,000 Each Occurrence / $2,000,000 General Aggregate. During the year:
- Slip-and-fall claim #1 (premises): pays $800,000
- Slip-and-fall claim #2 (premises): pays $1,000,000 (capped at Each Occurrence)
- Defective-product injury claim: pays $700,000
The two premises claims total $1,800,000 and erode the General Aggregate, leaving $200,000 of General Aggregate. The product claim, however, draws on the separate $2,000,000 Products-Completed Operations Aggregate, so it is paid in full at $700,000. A third premises claim that year could collect only the remaining $200,000 of General Aggregate.
The CGL Limit Structure
The CGL uses a layered limit structure that the exam tests with calculations:
| Limit | What it caps |
|---|---|
| Each Occurrence | Most paid for all BI/PD from any one occurrence |
| Damage to Premises Rented to You | Fire (and limited other) damage to premises the insured rents - default $300,000 |
| Medical Expense (any one person) | Coverage C per-person cap - default $5,000 |
| Personal & Advertising Injury | Most for all such injury to any one person/organization |
| General Aggregate | Most for all premises/operations + Coverage B + Coverage C in the policy period |
| Products-Completed Operations Aggregate | Separate annual cap for products/completed-ops claims |
The Each Occurrence limit is subject to the aggregates. Once the General Aggregate is exhausted, no further premises/operations claims are paid even if the per-occurrence limit remains.
Exam trap: Products and completed operations claims erode their OWN separate aggregate, not the general aggregate - so a manufacturer can exhaust the products aggregate while the general aggregate is intact, and vice versa. The Damage to Premises Rented to You limit replaced the old "fire legal liability" and defaults to $300,000; medical payments default to $5,000 per person. Aggregates reset each policy period and can be reinstated only by endorsement.
A CGL policy has a $1,000,000 Each Occurrence Limit and a $2,000,000 General Aggregate. Earlier premises claims have already paid $1,900,000. A new covered premises occurrence results in a $600,000 judgment. How much does the CGL pay for the new occurrence?
Supplementary Payments Are Outside the Limits
A critical trap: Supplementary Payments (defense costs, court costs taxed against the insured, prejudgment interest, up to $250 for bail bonds, the cost of bonds to release attachments) are paid in addition to the limits of insurance. Defense costs do not erode the Each Occurrence Limit or the aggregates in the standard CGL. This contrasts with many professional liability and D&O forms, which use 'defense within limits' (eroding/wasting) limits where defense spending reduces the amount left for indemnity.
Damage to Premises Rented and Med Pay Sublimits
The Damage to Premises Rented to You limit is a sublimit within the Each Occurrence Limit, applying to fire (and, in newer editions, certain other perils) damage to premises the insured rents or occupies briefly. It does not add coverage above the Each Occurrence amount; it caps the rented-premises portion at the lower stated figure (commonly $100,000 or $300,000).
Medical Expense (Med Pay) under Coverage C pays small medical bills on a no-fault basis (no liability finding required) for injuries on the insured's premises or arising from operations, with a per-person sublimit (commonly $5,000). Med Pay payments erode the General Aggregate.
Under the standard ISO CGL (CG 00 01), how are the insurer's defense (legal) costs treated relative to the Limits of Insurance?