Fireman's Fund
Insurance Company-Archived Article

September, 1998

Personal Catastrophe Cover Excess Liability Policy

The notes that follow point out what the editors believe to be the most significant features of Fireman's Fund Personal Catastrophe Cover Excess Liability Policy. For full details, the actual policy provisions should be examined. See Personal Umbrella Liability Insurance for a general discussion of personal umbrella liability insurance.

1.     Available Limits: $1 to $10 million; can provide up to $50 million in conjunction with Fireman's Fund E&SR Dept.

2.     Underlying Insurance: Homeowners/Personal Liability: $300,000; Personal Auto: $500,000 CSL or 500/500/100 split limits, Option To Buy: 250/500/100; Unlicensed Recreational Vehicles: $300,000 if covered under homeowners policy, $500,000 or $250/500/100 if covered under separate policy; Boats: $300,000 if less than 26 ft., $500,000 for 26 ft. to 50 ft., $1 million for over 50 ft.

3.     Personal Injury Definition: a. false arrest, detention or imprisonment; b. malicious prosecution; c. wrongful entry or eviction; d. defamation, libel, or slander; or e. invasion of privacy.

     ”Personal injury is excluded unless the occurrence is covered by underlying insurance in which case follow form coverage will be provided. Personal injury caused by the violation of a penal law or ordinance committed by or with the knowledge of any insured is excluded.”

4.     Intentional Acts: Intentional acts are excluded unless such acts are “not fraudulent, criminal, or malicious and are committed to: (1) protect persons or property; or (2) prevent or eliminate danger in the operation of automobiles, boats, or recreational vehicles.”

5.     Insured Persons: The named insured and spouse; resident relatives; persons under 21 in the care of the named insured, spouse or resident relative; persons or organizations held liable for an act or failure to act by the named insured, spouse, a resident relative, or a person under 21 in the care of the named insured, spouse or resident relative.

     With respect to animals owned by the named insured, spouse, a resident relative, or a person under 21 in the care of the named insured, spouse or resident relative “any person or organization that: (1) is legally responsible or has been given permission for the custody of those animals; and (2) is not in the business of breeding, boarding, or caring for animals.”

     Owners and lessors of an automobile, boat, or recreational vehicle loaned to or hired for use by any insured is not an insured under this policy.

6.     Automobiles: Includes land motor vehicles, trailers or semi-trailers, or farm tractors, farm wagons or implements while towed by such vehicles. Recreational vehicles such as motor cycles, scooters, mopeds, ATVs, snowmobiles, etc. are not considered automobiles.

     No binding authority is granted for high performance vehicles (may be submitted for consideration).

     Private passenger autos owned or leased by a corporation and furnished for the regular use of any insured who is an employee, office, or director of that corporation are referred to as “Corporate Cars.” (See #9 below)

7.     Aircraft and Watercraft: All aircraft liability is excluded. Boats owned by the insured, or boats greater than 80 ft. in length or leased for more than thirty consecutive days that are borrowed, chartered, leased or rented by any insured are excluded unless covered by underlying insurance, in which case follow form coverage will be provided.

     No binding authority is granted for high performance boats (may be submitted for consideration). Liability for power boats participating in racing events, or practice for such an event, is excluded.

8.     Insured Locations: No binding authority for exposures outside U.S. (May be submitted for consideration).

9.     Business Property and Pursuits: The business activities or the business property of any insured; incidental employment or farming; and incidental rental are excluded unless the occurrence involves an automobile or corporate car and is covered by underlying insurance (in which case follow form coverage will be provided).

     Home day care services are excluded unless provided by any insured for a relative of any insured or there is a mutual exchange of services that involves no monetary compensation.

     All professional liability is excluded.

10.     Care, Custody, Control: Property owned by the insured is excluded. Property rented to, used or occupied by, or in the care of any insured for which the insured is obligated to provide insurance under contract is excluded unless property damage is caused by fire, explosion, or smoke. Coverage for property damage by water is also excluded unless covered by underlying insurance (in which case follow form coverage is provided).

     Damage to property owned by a corporation or association of property owners of which any insured is a member is excluded unless such damage is due solely to the negligence of any insured.

11.     Other Notable Features: Note that no binding authority is granted for: (1) special acceptance occupations (entertainers, sports figures, etc,); (2) primary insurance from a foreign country; (3) high performance vehicles or boats; (4) primary insurance with restricted coverage (excluded operators, etc.); (5) risks with more than four rental units; (6) risks with prior liability losses; and (7) exposures outside the U.S. However, these risks may be submitted for consideration.

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