December 2013 Intro Page

Dec Page

The article of the month deals with sprinkler leakage insurance. This insurance covers loss resulting from direct damage to insured property caused by leakage or discharge of any substance from an automatic sprinkler system, including the collapse of a tank that is part of the system. Coverage is provided automatically on the causes of loss forms, but it can be excluded by use of an endorsement.

This article discusses the coverage as it relates to building and personal property coverage, along with information on how the sprinkler leakage coverage is affected by the vacancy clause that is present in the commercial property forms. Also noted is information on an earthquake extension and legal liability insurance.

The Dec Page also offers court rulings from the United States District Court, Minnesota, the Eighth Circuit Court of Appeals, the Court of Appeals of Washington, and the Appeals Court of Massachusetts, Suffolk.

The district court case dealt with an insurance coverage dispute between the insurer and its additional insured. The ruling turned on whether the policy insuring agreement requirement that property damage occur was met. The U.S. Court of Appeals ruled on the question of whether the absolute pollution exclusion was applicable to the facts of the case. The Washington Court of Appeals had to decide if a self-insured retention (SIR) was insurance and whether the underlying claim and settlement involving that SIR required the umbrella policy to become involved in the payment of the claim. The Massachusetts case was brought by a general liability insurer against an auto liability insurer to determine whether the general liability insurer had a duty to defend or indemnify the insured in the underlying action to the extent that the auto insurer had no right to contribution from the general liability insurer.

Questions and Answers

Is a bicycle falling off a vehicle covered under a homeowners policy? See Bike Falls off Vehicle.

When an insured moves into a smaller location after a loss, how are additional living expenses calculated? See Calculation of Additional Living Expenses.

Is a golf cart driven on a public road covered under a homeowners' policy? See Golf Cart Used on Public Road.

Wedding Protection Insurance

The wedding industry generates billions of dollars a year in revenue. Many couples spend several thousand, if not tens of thousands of dollars on the big day. With such expenses involved, insurance has become an important addition to the list of necessities involved in the big day. See Wedding Protection Insurance.

Commercial Property Endorsements

Many of the standard endorsements used as part of ISO's commercial property program are described in this article. The article has been updated with changes made in the 2012 commercial property program revisions.

Unless otherwise indicated, endorsements modifying property forms may be used with the Building and Personal Property Coverage Form, the Condominium Association Coverage Form, the Condominium Commercial Unit-Owners Coverage Form, and the Standard Property Policy. Endorsements changing causes of loss forms may be used with the basic, broad, and special causes of loss forms unless differences are noted.

 

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