January 2012 Intro Page

Dec Page

The article of the month deals with construction and fire protection class. Construction and location are two factors that greatly impact insurance premium rates. A working knowledge of these factors may help an agent explain to a homeowner why a solid brick house in the city may cost less to insure than a solid brick house in the country, or help an underwriter explain why he is not interested in insuring a frame dwelling in protection class ten.

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The court cases presented in the Dec Page cover construction liability claims, the meaning of manifestation, and the relationship between other insurance and SIRs. The case cites on construction liability claims come from Hawaii, Michigan, The United States Court of Appeals (Eighth Circuit and Eleventh Circuit), and the United States District Court for Colorado. All of these courts handed down rulings on faulty workmanship and coverage under a general liability policy. The Third Circuit Court of Appeals had to decide if an SIR equated with other insurance when a question arose over primary versus excess coverage.

The Dec Page also offers some news on event data recorders (EDRs). Thirteen states have enacted laws that regulate EDRs in vehicles and dictate who owns the EDR data and who has access to that data. The final item in the Dec Page offers some interesting definitions of words that are often used in insurance coverage lawsuits; there is the official legal definition and then there is a practical, everyman definition.

Questions and Answers

When a covered auto is replaced, when does coverage cease on the vehicle being replaced? See Replacement Vehicle Coverage under PAP. If the insured has two sets of keys and one set is stolen, does the insurer have to replace both sets? See Stolen Car Keys and Coverage under the PAP.

Would the garage policy extend coverage for a tow truck driver who uses mobile equipment at a job site and causes a loss? See Mobile Equipment Coverage under the Garage Form. If the insured repairs his own vehicles damaged by vandalism, does the insurer owe the insured the retail price of parts, materials and labor? See Vandalism Damage Repaired by Insured. Does the CGL form apply to a claim for ALE? See Additional Living Expenses and CGL Coverage.

Warehouse Operators Legal Liability

Warehouse Operators Legal Liability coverage is primarily targeted for those in the business of storing property of others. The article on the Public Liability C.1 pages offers a broad brush approach in discussing the concept of warehouse operators legal liability. Included is information on the nature of warehousing; the difference between public and private warehousing operations; the warehouse operator's duty of care; the nature of the warehouse receipt that is mandated by federal law; why this coverage is needed; alternative approaches to covering these kinds of risks; and what underwriters are likely to consider of new applicants for this insurance. See Warehouse Operators Legal Liability.

Commercial Liability Umbrella Policy

The Insurance Services Office (ISO) has developed a commercial liability umbrella form. The coverage is excess over commercial general liability and automobile liability coverages. CU 00 01 12 07 provides coverage when aggregate limits of underlying insurance are exhausted. The article on the Specialty Lines Ua- pages is a general overview of the current ISO commercial umbrella liability coverage form. The coverages, exclusions, conditions, and definitions of the form are noted and analyzed. See Commercial Liability Umbrella Policy.

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