November 2011 Intro Page

 

Dec Page

The article of the month in the Dec Page concerns the inventory shortages exclusion. The standard commercial crime policy does not cover loss, or that part of any loss, the proof of which as to its existence is dependent upon an inventory computation. This inventory shortages exclusion came into use in the 1950s and was designed to protect the insurer from claims based on mistaken or falsified computations. There are legal rulings that apply the inventory computation exclusion strictly, and there are rulings that favor a more liberal approach. 

The court cases discussed in the Dec Page pertain to the meaning of the first named insured, damages the insured is legally obligated to pay, and an additional insured endorsement. The first case comes from Maryland. There, the Maryland appeals court had to decide if a waiver of uninsured motorists benefits signed by the second of the two named insureds listed on the auto policy was valid. The insurer said this made no difference; the insured, seeking UM benefits, said that the first named insured had to sign the waiver and a signature by the second named insured was not appropriate. The second case comes from California where the court of appeals had to rule on whether civil penalties and injunctive relief was included in the meaning of the word “damages.” In another damages case, the Supreme Court of New Jersey addressed the issue of whether the definition of “money damages” encompassed the value of services rendered and assets surrendered in lieu of cash payments. The final case comes from the U.S. Court of Appeals, Ninth Circuit, and pertains to an analysis of an additional insured endorsement that provided coverage for the additional insured for claims arising out of the named insured's ongoing operations. The court had to decide if the endorsement was effective for a claim that was made after the project was completed.

Questions and Answers

In a hurricane-related power outage, does a temperature change endorsement provide coverage for loss of inventory? See Temperature Change Endorsement Allows Coverage for Loss of Inventory. If tenant has no knowledge of roof repairs, should damage caused by faulty workmanship be covered? See Faulty Workmanship Prevents Coverage for Property Loss.

Are unbilled hours of work reimbursable under business income insurance? See Business Income Coverage for Unbilled Hours of Work. Are lead and asbestos remediation covered on a commercial property form? See Remediation Claim and Dispersal of Pollutants Exclusion.

Processors Coverage Form

For an updated analysis of the ISO Processors Coverage Form, a nonfiled inland marine form that applies to covered property lost or damaged while being worked on by a processor, and to read an overview of the insuring agreement, exclusions, an other parts of the policy, see Processors Coverage Form.

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