Intro Page, March 2005
March 2005
The Dec Page:
The question of the month deals with the premises liability of homeowners. What is the duty of care owed by a homeowner regarding his premises? Must the premises be scrupulously free from any hazard? Does the homeowner have a different duty of care owed to friends and neighbors as opposed to the delivery man or the mailman? And is there any duty at all towards trespassers? For the answers to these questions, link onto the designated article in the FC&S Bulletins.
The court cases offered pertain to professional services and to advertising injury claims. Court rulings from the U.S. Fifth Circuit and from California provide a thorough review of just what professional services are in connection with the commercial general liability policy. The advertising injury cases are from Florida, Illinois, and Georgia. These cases determine whether exclusions in the CGL form apply to claims based on advertising injury, after establishing whether the insured was actually involved in advertising activity when the alleged injuries occurred.
A potential gap in coverage is noted on the Dec Page pertaining to auto insurance. In New York, an insured was driving her car when she was intentionally hit by another driver. The insurance company for that other driver denied coverage since there was no accident. The insured's insurance company denied uninsured motorists coverage, claiming there was no bodily injury caused by an accident. No accident, no insurance coverage at all?
Finally, a case from Ohio deals with the issues of when an employee is considered an independent contractor, and whether an illegal alien can be an employee.
This month's Questions and Answers:
An employer owns no autos, and uses symbols 8 and 9 on his business auto policy (BAP) to cover hired and nonowned autos. Is there liability coverage if employees rent cars or use their own cars for business? See Business Auto Coverage for Employees. What is the extent of the BOP coverage territory for an insured who meets with clients in shared offices? See Coverage Territory under a BOP. Print subscribers will find these on Q&A page 1373.
An insured with a truckers coverage form wants to know how the form will respond with regard to a permanent lease with an independent owner-operator. See Truckers Coverage and Leased Vehicles. The CGL responds to bodily injury, but what about expense to prevent possible bodily injury? See Medical Payments for Preventive Medical Care?. These are on Q&A page 1374.
Personal Auto:
This month we begin our analysis of the ISO 2005 Personal Auto Policy (PAP). We first examine the definitions—see Personal Auto Definitions. Print subscribers will find this article on page A.2. We continue with a review of the Part A insuring agreement, including exclusions of coverage. See Personal Auto Policy—Part A. Print subscribers will find this on page A.3.
Index Update:
The Guide to Policies Index is updated this month. The updating reflects the changes and additions that have been made to the index over the past year. This will help the reader to more easily find the subject matter that is of most interest to him or her (the Indexes are in the print version only, as FC&S Online is self-indexing.).
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