June 2009 Intro Page
No. 961
June 1, 2009
Dec Page
The question of the month deals with coverage for miscellaneous vehicles.
If the insured has a dune buggie or a motorcycle or an all-terrain vehicle, he should know that the standard personal auto policy has an exclusion pertaining to any vehicle that has fewer than four wheels or is designed mainly for use off public roads. So, the questions arise: how can the insured get coverage for such vehicles? Can the coverage be insured under the personal auto policy? What type of miscellaneous vehicle can be insured? What coverages are available for the insured?
Special types of vehicles can be insured under the standard personal auto policy through the use of an endorsement, PP 03 23. For more information on this endorsement and for answers to questions about the endorsement's coverage, see the designated article in the Bulletins.
The court cases reported in the Dec Page range over several issues and several states. The Superior Court of New Jersey, Appellate Division discusses dual residency and whether this affects coverage under the personal auto policy. A blast fax case and possible coverage under the general liability policy is handled by the District Court in Massachusetts . The never-ending dispute over damage caused by a contractor's work being excluded by the damage to your work exclusions on the CGL form continues; the Southern District Court in Florida addresses this issue. The District Court in Massachusetts analyzed the issue of whether an amount paid by an insured to settle litigation was for loss of use damages that were covered by the insurance policies; the meaning of the phrase “loss of use” played the central role in this case. The care, custody, or control exclusion is discussed in a case from the First Circuit Court of Appeals and concerned a dispute over coverage between the insured and the insurer. And the final case is from Kansas where the court had to decide, based on the facts of the case, whether the insurance policy limited payments to the each occurrence limit or the products-completed operations aggregate limit.
Questions and Answers
Is there coverage for floors buckling, drywall cracking as a result of extended power outage? See Bulging Due to Power Outage and Humidity. Is there any coverage for removal of faulty drywall? See Chinese Drywall. Are hot tubs considered part of coverage B or coverage C? See Hot Tub Loss as Coverage C or Coverage B. Does mold within a cabinet constitute hidden mold? See Hidden or Not Hidden Mold. If the international building code recommends certain features such as an ice shield, is this covered under Ordinance or Law? See Ordinance or Law and Building Code Recommendations.
Financial Institutions Executive Liability Side A Coverage Form
The Insurance Services Offices (ISO) offers financial institutions executive liability side A coverage on form MP 00 09 05 09. An analysis of this claims-made policy's insuring agreement, extensions, exclusions, limit of liability, defense and settlement, conditions, definitions, and related endorsements is provided in FC&S this month. See Financial Institutions Executive Liability Side A Coverage Form.
Business Income (and Extra Expense) Coverage Form
The Insurance Services Offices (ISO) offers business income coverage as part of its commercial property program. An analysis of the business income (and extra expense coverage) form is provided in FC&S this month. See Business Income (and Extra Expense) Coverage Form.
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