July 2011 Intro Page

 

Dec Page

The article of the month deals with excess coverage. Understanding excess insurance coverage terms and concepts is essential to dealing with the excess insurance marketplace. For information on the differences between excess and primary coverage, as well as information on self-insured retention, aggregate excess coverage, and excess policy requirements, see the designated article in the Bulletins.

The court cases discussed in the Dec Page come from Georgia, South Carolina, New York, and Wisconsin . In the Georgia case, the U.S. District Court handled a dispute between the insured and the insurer over whether the property policy provided coverage for a diminished value claim. The insured submitted a claim that included diminution in value but the insurer paid an amount it contended constituted the full amount as proscribed by the language of the policy. The South Carolina case discussed the meaning of “occurrence” and whether the intent to produce the consequences of an intentional act is required in order for the insurer to deny coverage on the grounds that there was no occurrence. The New York case dealt with auto insurance coverage. Such coverage is based on a covered auto and in this instance, the New York court had to determine whether the involved vehicle met the definition of a “covered auto”. The final case arose out of an accident in which the claimant was injured when a boat came loose from the trailer attached to the insured's auto. The court addressed the issue of whether the watercraft endorsement provided coverage based on the use of the boat at the time of the accident.

Questions and Answers

The insured suffered water damage and subsequent mold damage. The insurer denied any coverage based on the fungi or bacteria exclusion, but the insured contended that the water damage should be covered since the exclusion applied only to mold damage. See Mold, Water Damage, and Fungi Exclusion. The insured was in the process of insulating duct work and damaged the grate; 172 vents had to be replaced. Does the CGL form apply to the PD claim or does the “your work” exclusion prevent coverage? See Work of Insured Causes Property Damage.

The insured tried to commit suicide by running into a tree with his car. The attempt failed and the insured put in a claim for physical damage to his car. Is this a direct and accidental loss that is covered by the PAP? See Intentional Damage not Covered by PAP. The issue in this question pertains to possible coverage for fire damage under both the CGL form and the BAP or whether exclusions in the policies would apply. See Fire Damage and Coverage under CGL Form and BAP.

Lawyers Professional Liability

The Insurance Services Office has published a lawyers professional liability policy, LW 00 01 03 11. This form provides coverage for insureds that are legally obligated to pay damages resulting from a wrongful act. The article offers an analysis of the policy's insuring agreement, exclusions, coverage extensions, and conditions. See Lawyers Professional Liability.

Homeowners Perils

The Insurance Services Office has revised the homeowners forms as of May 2011. This article discusses changes made to the perils section of those forms. See Homeowners Perils.

Homeowners Exclusions

The Insurance Services Office has revised the homeowners forms as of May 2011. This article discusses changes made to the exclusions section of those forms. See Homeowners Exclusions 

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