February 2013 Intro Page

Dec Page

The article of the month discusses the nature and scope of the utility services exclusion and coverage endorsements that are available with the ISO property insurance program. Utility services—direct damage, and utility services—time element endorsements are examined, along with court cases wherein the terms of the utility services endorsements are analyzed. For this information, see the designated article in the Bulletins.

The court cases in the Dec Page come from New Jersey, Florida, and Minnesota. The Superior Court of New Jersey handled an adverse appeal from a dog sitter and had to decide if she was an independent contractor for insurance coverage purposes. The District Court of Appeal of Florida took an appeal to decide whether the insurance policy of the insured covered multiple occurrences or just one occurrence. Were the injuries resulting from the serving of alcoholic beverages to minors and a resulting car crash multiple occurrences or a single occurrence? Finally, the Court of Appeals of Minnesota ruled on the requirements that an insurer must follow when renewing a policy, requirements pertaining to notice to the insured as to what is covered and is not covered.

The Dec Page also lists information on what various states are doing when it comes to the insurance industry.

Questions and Answers

Are materials an insured uses in building projects considered “held for sale”? See Materials Held for Sale. Under a commercial property form, is the insurer's indemnity obligation on leased equipment with an option to buy limited to the amount of the buyout? See Replacement Cost Contractual Obligations.

Is a box trailer that is used for storage considered an outbuilding or business personal property? See Trailer Covered as Business Personal Property or Storage Shed.

Impaired Property Exclusion

The impaired property exclusion can be confusing to many people. It is supposed to apply when a claim does not involve physical injury to tangible property, but the exclusion can often be mistakenly applied by insurers. The article on the Public Liability M.33 pages discusses the evolution of the exclusion and cites court rulings on the subject. The article also provides a checklist of what should be taken into consideration for purposes of determining whether the exclusion is applicable or even germane to the issue. See The Impaired Property Exclusion of Liability Policies.

Standard Homeowners Endorsements

The article on standard homeowners endorsements has been updated. See Standard Homeowners Endorsements.

The article discusses the more common homeowner endorsements and any revisions in the 2011 edition of the forms.

Mobilehome Insurance

The article on the ISO mobilehome insurance endorsement, MH 04 01, has been updated. See Mobilehome Insurance.

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