April 2013 Intro Page

Dec Page

The Dec Page for this month provides two interesting items form Don Malecki, a well-known and well-respected contributing editor for FC&S.

The first item is a question and answer from one of Don's subscribers concerning the new blanket additional insured endorsement, CG 20 38. The question pertains to whether the endorsement applies to products-completed operations coverage, and also asks what the meaning of the phrase “construction agreement” is: does it refer to a building or structure, or could installation of equipment in a building or painting an existing building also be considered construction?

The second item concerns the real estate property managed endorsement, CG 22 70. Don discusses the purpose of the endorsement and reviews case law on the subject.

Finally, the duty to defend is discussed in a case from the United States District Court, Montana. After the completion of the construction of a house, problems arose. The siding began shrinking, warping, sagging, and pulling away from the house; moisture entered the house; and water leaked into the interior of the house, damaging the walls, ceilings, and wooden floor. The homeowner sued the contractor/insured; the insurer denied defense and indemnity; and, the court had to decide if any of the exclusions in the general liability policy applied so as to prevent even the basic duty to defend.

Questions and Answers

After the insured completed repairs on a refrigeration unit, the unit malfunctioned and was rendered inoperable. The food within the unit spoiled. Does the CGL form provide coverage for the food spoliation claim? See Food Spoliation Claim. If the direct damage to property the insured was working on is not covered by the CGL form, would the loss of use of the property be covered as resultant damage? See Loss of Use Claim. The named insured's granddaughter is driving the covered auto with permission. The granddaughter runs into the named insured's son's car; the son is a family member under the terms of the PAP. Is there liability coverage for the damage to the son's vehicle? See PAP Coverage and Family Member Issues.

The insured accidentally allowed metal shavings to fall into a stainless steel vat containing cheese. Does the pollution exclusion apply in this instance? See Pollution Exclusion Application. What does the term “professional services” include? See Professional Services Discussion. A car being towed out of a ditch slides into a second car that is parked nearby. Would the damage for which the insured is liable be covered under the BAP or the CGL form? See Towing Operation Damages a Second Vehicle.

Resident Relatives

The article on resident relatives has been updated. See Resident Relatives. The article discusses the current definition of resident relative and how that impacts coverage under various policies.

Personal Lines Coverage Gaps

The article on personal lines coverage gaps has been updated. See Personal Lines Coverage Gaps. The article discusses the gaps in coverage in various personal lines policies and ways to find coverage for those gaps in order to maximize protection for the insured.

Intrafamily or Household Exclusion

The article on intrafamily or household exclusion  has been updated. See Intrafamily or Household Exclusion. There are various personal lines policies that include a family or household exclusion that eliminates coverage for damages resulting from bodily injury to the insured's resident relatives or others residing in the household. This article discusses the policy exclusions and several court rulings on whether the exclusions are valid.

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