The failure to conform exclusion is under coverage B, personal and advertising injury liability, and precludes coverage injury arising out of the failure of goods or products to conform with any statement of quality or performance made in the named insured's advertisement. The U.S. Eighth Circuit Court of Appeals dealt with a case where the plaintiffs claimed that the insured's product did not fulfill its advertised quality. In the tree damage case, the insured golf course suffered extensive wind damage that destroyed 64 trees. The insured claimed that there was coverage for the trees as part of the building property coverage and the insurer disagreed. The Appellate Court of Illinois, First District settled the dispute. In a dispute regarding an insurance company's duty to defend under a commercial general liability policy against allegations of advertising injury based on the insured's use of another' advertising idea, the Wisconsin Court of Appeals had to decide many issues. Did the actions of the insured constitute the use of another's advertising idea? Was the insured engaged in advertising activity? And, was there a reasonable causal connection between the insured's advertising activity and the plaintiff's injury? In the last case, the insurers filed motions for summary judgment after the insured sought coverage for the loss of computer tapes. The Superior Court of Connecticut discussed whether electronic data is tangible property and whether the loss of that data is property damage under the CGL form.

Questions and Answers

Are restaurants that shut down due to forced road closures during a blizzard covered for business income losses? (See Civil Authority Action and Lost Business Income.)

Should insured's business personal property be combined under one limit with business personal property of others on a commercial property policy? (See Combining Business Property of Insured with Business Property of Others.)

Is a power outage caused by a downed power line on a school's property covered under a Business Income form? (See Utility Services Exclusion and Extra Expense Claim.)

Commercial Liability Umbrella Policy

This article, which provides an analysis of the ISO Commercial Liability Umbrella form, CU 00 01, has been updated with the latest changes to the form. The article is presented in annotated policy style and reviews coverages, exclusions, conditions, and definitions. (See Commercial Liability Umbrella Policy.)

MSO Homeowners MHO3

The article on the MSO homeowners coverage form has been reviewed. See MSO 3 Homeowners Coverage Form MHO 3 01 05. The article discusses the coverage provided for dwellings in the MSO policy form; this form is similar to the ISO HO 00 03. MSO provides some unique coverages different than the standard ISO dwelling forms.

MHO 4 Homeowners Coverage Form

The article on the MSO homeowners tenants coverage form has been reviewed. See MHO 4 Homeowners Coverage Form. The article discusses the coverage provided in the MSO policy form that is similar to the ISO HO 00 04 tenants form.

MHO 6 Homeowners Unit Owners Coverage

The article on the MSO homeowners unit owners coverage form has been reviewed. See MHO 6 Homeowners Unit Owners Coverage Form 07 07. The article discusses the coverage provided in the MSO policy form that is similar to the ISO HO 00 06 unit owners form.