The Court of Appeals, Division II, Washington faced the question of whether an injured worker can receive workers compensation benefits and the file a lawsuit against a third party in order to receive more compensation; the third party was a co-worker. The Fifth Circuit discussed the meaning of property damage under a commercial general liability policy. The claimant alleged negligence against the insured in locating and drilling an oil and gas well in an incorrect location. The Court had to decide if the allegations pertained to actual property damage as defined or were purely economic in nature. The South Carolina Supreme Court decision is presented to note that state's position on underinsured motorists (UIM) coverage, that is, whether UIM coverage is personal and portable. The final case finds the Supreme Court of Montana deciding whether a worker was entitled to workers compensation benefits since he was injured on the job after smoking marijuana.

Questions and Answers

An insured committed an intentional act. Does the expected or intended injury exclusion on the CGL form prevent coverage for the bodily injury claim? See Intentional Act and the Expected or Intended Injury Exclusion. The insured trimmed four trees in the claimant's yard. Two days later, the trees died. Is this a completed operations claim? See Completed Operations as Defined.

The insured is in the business of auto sales. A customer bought a car, made a $10,000 down payment and financed the balance of $20,566.21. The insured guaranteed the loan. The customer defaulted and the insured paid the balance owed to the lender bank. The insured is now seeking indemnity under his garage form. Is this a loss as defined in the garage form? See False Pretense Loss Coverage in Question. The named insured damaged a resident insured's personal auto. The insurer for the resident insured paid the physical damage loss. Can the resident insured's insurer then subrogate against the named insured for the damage? See Resident Insured's Car Damaged by Named Insured.

Building and Personal Property Coverage Form

ISO revised the commercial property program, and the Building and Personal Property Coverage Form article has been updated to reflect changes applicable to the October 2012 edition of the form.

The article discusses the form, which is combined with a causes of loss form, common policy, and commercial property conditions to form a complete portfolio of property coverage for commercial risks.