June 2013 Intro Page
Dec Page
The article of the month deals with overhead and profit. Whenever covered property sustains a loss from a covered cause, the insurer should include overhead and profit in its claims payment to the insured. The question is, how much should be paid and when? The focus of arguments over the question is that overhead and profit be paid at the time of actual cash value payment and only when it is reasonably likely that insureds will be using contractors to do the work.
Since this is still a controversial subject, the article, Overhead and Profit, will help in understanding it. The article offers a discussion and analysis of overhead and profit, along with some court decisions.
The court cases in the Dec Page come from U.S Circuit Courts and from the Georgia Court of Appeals. In the first case from the Third Circuit, the issue was whether the household exclusion prevented stacking underinsured motorists limits. The Eleventh Circuit handled the question of whether the labeling of a complaint as negligence altered the facts that established intentional conduct on the part of the insured. The Sixth Circuit discussed the concurrent causation doctrine and whether it can be contracted around by insurers. The case from the Georgia Court of Appeals dealt with the household exclusion and a question of coverage for the named insured's son who was involved in an at-fault auto accident.
Questions and Answers
Are driveways damaged by contractors covered as other structures? (See Driveway as Other Structure.)
If an insured rents a hall for an event, is there liability coverage that extends from the homeowner's policy? (See Insured Rents Hall for an Event.)
If an insured delays in submitting a proof of loss to the carrier, can the carrier refuse to pay the claim? (See Insured's Failure to Adhere to Policy Conditions.)
Is a patio structure considered to be a building? (See Patio as a Building.)
Is water overflow covered on a tenant's policy when the source of the water is a faulty pipe within the complex? (See Water Overflow Coverage in a Tenants Policy.)
The Meaning of Subcontractor
The article, Trilogy on the Meaning of Subcontractor, discusses the meaning of the term “subcontractor.” This word is both controversial and fluid because it can be the key to which property damage coverage may apply in a construction setting after the work performed on behalf of the named insured by a subcontractor has been completed. The article examines the topic from liability insurance, surety bond, and property insurance perspectives. The issue of a subcontractor versus a materialman is discussed. And, court cases analyzing the meaning of subcontractor are also presented.
California Earthquake Authority
The California Earthquake Authority was developed in order to provide coverage for earthquake damage to residential properties that was not available through normal channels. This article describes the coverage provided and requirements that must be met to qualify for coverage.
MSO Businessowners Policy
The Mutual Service Office, Inc. (MSO)'s Businessowners policy (BOP) is a package policy offering property and liability coverage for certain groups of commercial insureds. MSO offers several versions of the BOP. Form BU 04 01, analyzed here, offers two perils options: Basic Plus Coverage provides open perils coverage on the building and named perils coverage on business personal property. Expanded Coverage provides open perils coverage on both buildings and personal property.
Part one of this article, MSO Businessowners Policy BU 04 01 Part 1, discusses the property coverage on the BOP.
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