The court cases in the Dec Page deal with additional insured litigation. The United States Court of Appeals, Fifth Circuit, dealt with a case wherein coverage statements in the general liability policy conflicted with those in the additional insured endorsement; the court had to decide if this conflict created an ambiguity. In the other additional insured case, the United States District Court for the Southern District of New York was faced with a diversity action wherein the primary insurer sought a declaratory judgment that it was not obligated to defend or indemnify the additional insured. The issue turned on whether the additional insured was negligent or whether the employee of the named insured could also have been negligent.

Questions and Answers

How is the coinsurance penalty applied for a blanket policy? See Coinsurance Penalty Explained. Is water from overflow of a toilet considered property not covered? See Water as Property Not Covered. Under business income coverage, is depreciation a recurring expense? See Depreciation as a Recurring Expense.

Should both carpeting and the hardwood flooring planks underneath be replaced following fire damage? See BOP Coverage for Unfinished Hardwood Flooring Planks.