October 2009 Intro Page

No. 965

October 1, 2009 

Dec Page

The question of the month deals with the ordinance or law issues. Various political jurisdictions often adopt and then enforce ordinances or laws that regulate the construction, operation, and occupancy of different types of buildings. The ordinance and laws may differ depending on the type or occupancy of structures. For example, states may adopt separate residential and commercial building codes, or separate codes for public buildings and private buildings.

For answers to questions about the relationship of the enforcement of any ordinance or law to insurance coverage, for an overview of various types of ordinance and laws that affect building construction and repairs, and for a discussion of judicial interpretations of the ordinance or law exclusion found in property policies, see the designated article in the Bulletins.

The Dec Page also offers reviews of court cases from the United States District Court in Utah, from the state of Washington, and the court of appeals in Texas . These cases deal with the definitions of “you” and “your” in an auto policy, the definition of a dwelling in a homeowners policy, a trademark infringement dispute, the trigger of coverage in a liability policy, and whether an auto was “used” so that coverage could be found.

Questions and Answers

Can damage to trees caused by attempts to protect property be covered? See Damage to Trees, Shrubs, and Lawns While Caused Protecting Property. Sconces are sold only as a pair and one broke. Does the carrier owe to replace both sconces? See Pair/ Set Clause Question. Insured significant other has other property insured by separate carrier. If personal property is in this location, does the named insured's policy provide coverage? See Off Premises Property of Insured Significant Other.

If the insured moves out of the residence premises and rents it to others, is there coverage? See Insured Property or Insured Location. Is the grassy area outside an apartment considered to be “ways immediately adjoining” the property? See Ways Immediately Adjoining Description.

Commercial Property Endorsements

Many standard endorsements modify the Building and Personal Property Coverage form. An update has been made to the Commercial Property Endorsements article to reflect changes made to endorsements due to ISO's program revisions in June 2007. See Commercial Property Endorsements.

E-Business Issues

E-businesses, as well as bricks and mortar companies, face a barrage of traditional and Internet-specific exposures. Whether a company conducts business solely online or maintains only an informational Web site about its products or services, both are open to exposures that are associated with e-business. This discussion focuses on issues now arising for companies delving into any aspect of e-commerce. See E-Business Issues.

Surplus Lines Quick Reference Chart

This chart summarizes, on a state-by-state basis, each jurisdiction's surplus lines laws. See Surplus Lines Quick Reference Chart.

 

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