The court cases discussed in the Dec Page come from a U.S. Circuit Court and a U.S. District Court and the Superior Court of New Jersey. The U.S. Circuit Court in the Fifth Circuit ruled on the issue of when property damage occurs and reinforced the majority opinion that property damage occurs when it is discovered or when it manifests itself, not the time of the negligent conduct or the process that later results in the damage. The U.S. District Court in the Northern District of Florida ruled that an absolute pollution exclusion was clear and unambiguous and definitely excluded coverage for the claims made against the insured. The New Jersey court had to decide whether a material misrepresentation made by a claimant seeking benefits during an insurance examination will forever bar coverage for any future claims submitted under any subsequent policy issued by the same insurer.

The Dec Page also has some news from various states that pertain to insurance coverage issues.

Questions and Answers

If the insured damages a vehicle while changing wiper blades on the property, is there coverage under the homeowners policy? See Maintenance of a Motor Vehicle on a Homeowners Policy. When only the contents are damaged, is additional living expense coverage allowed under the homeowners policy? See Loss of Contents and Additional Living Expenses. Is there coverage under a homeowners policy if the tractor is taken off premises? See Liability for Tractor off Premises.

When part of the property is leased to an oil company, is there liability coverage under the homeowners policy? See Liability Coverage When Part of the Property is Leased to an Oil Company. An insured picks up money from various locations; the funds are stolen from the final pick up site. Is this one loss or multiple losses? See Single or Multiple Occurrences. Is a refrigerator part of the dwelling or contents of a property on a DP-1 policy? See Building or Personal Property.

ISO Home Business Insurance Coverage

Insurance Services Office (ISO) has developed a Home Business Insurance Coverage endorsement, HO 07 01 05 11 that may be used to insure a home business. When this endorsement is attached to a homeowners coverage form, Section I provides coverage for the described business and for property of others in the care of the business. Coverage C special limits of liability are expanded, and additional coverages are added. Definitions are amended or added in accordance with the coverage provided.

A discussion of the property coverages can be found at ISO Home Business Insurance Coverage. Endorsements that modify property coverages are included at the end of the discussion.

Volunteer Coverage

Many organizations cannot run without the help of many volunteers. While not employees, there are still many exposures pertaining to volunteers that need to be covered by insurance. The CIMA Companies, in conjunction with QBE Specialty and Lloyds of London have developed policies specific to the needs of volunteer organizations. See Volunteer Insurance Coverage Program.