August 2014 Intro Page

Dec Page

The article of the month in the Dec Page deals with a feature widely misunderstood in the standard workers compensation policy, the other states provision. Other states coverage is required for any business expanding beyond its state of domicile. The article explains what the other states provision is, how it works, and how employers can get into trouble if they do not understand the provision's requirements. Also included is information on how the other states coverage relates to residual markets, monopolistic fund states, and stop gap coverage.

See the designated article in the Bulletins.

The court cases cited in the Dec Page come from the United States Court of Appeals, Second Circuit, the United States District Court for the Western District of Kentucky, and the United States District Court for Arizona. The Second Circuit discussed the make whole doctrine and whether the insured is entitled to recoup the deductible by virtue of the state's make whole doctrine. The court certified the question to the Connecticut Supreme Court for a definitive answer. The District Court in Kentucky handled the issue of whether a latent manifestation of property damage is an accident and also offered its opinion on the difference between a subcontractor and a material supplier. The final case from Arizona dealt with the choice of law provision. The policy was written in New York with a choice of law provision requiring coverage disputes to be settled in accordance with New York. However, the auto accident occurred in Arizona and the insured wanted Arizona law to govern the claim.

Questions and Answers

Under the auto medical payments coverage endorsement, how broad is the scope of coverage for the named insured and family members? See Broad Coverage under Auto Med Pay Endorsement. Under the broad form products coverage endorsement for the garage form, is an engine sold by the insured considered to be his product for coverage purposes? See Broad Form Products Coverage under the Garage Form. Is collision damage waiver purchased by the claimant covered by the insured's BAP? See Collision Damage Waiver and Coverage under the BAP.

If two covered autos sustain damage in the same accident, is the deductible applied to both vehicles or can one be waived? See Deductibles and the BAP. Is the credit card company seen as a drawee under the false pretense coverage? See False Pretense Coverage and Use of a Credit Card. Are fire department charges for a hazmat clean up excluded under the CGL pollution exclusion? See Pollution Exclusion and Cleanup Charges.

Net Operating Losses and Business Income Insurance

This article, which was reviewed and updated, discusses the relationship between business income coverage and the insured operating the business at a loss. Does the operating loss affect the overall business income insurance recovery of the insured? See Net Operating Losses and Business Income Insurance.

Staffing Firms

The Staffing Firms Market Segments Program provides coverage for all buildings and personal property and commercial general liability insurance. Eligible risks for the Staffing Firms segment include employment agencies and organizations that furnish workers for a fee to perform work for others.

This article, which was updated with the 2013 changes to the form, provides information on the Staffing Firms coverage form, MS ST 01 07 13. The endorsement modifies the CGL forms, the Building and Personal Property Coverage form, and the Causes of Loss—Special form.

 

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