The article of the month deals with an inland marine form that can be used to insure storage tanks and their contents. The Insurance Services Office has developed IH 00 83 which can be combined with the commercial inland marine conditions form and the common policy conditions form to create a policy that insures against direct physical loss to covered property. This article analyzes IH 00 83 and discusses underwriting considerations. See the designated article in the FC&S Bulletins.

The court cases this month come from Texas, Pennsylvania, the Eleventh Circuit Court of Appeals, and Iowa.

The Court of Appeals of Texas, Texarkana, considered whether the insureds had an insurable interest in their home after the home was foreclosed by the holder of the lien. The house suffered fire damage after the foreclosure and the insureds sought payment for the damage. The U.S. District Court, M.D. Pennsylvania dealt with an underinsured motorist coverage issue—stacking. The named insureds rejected stacked UIM coverage at the inception of the policy, but after twenty-one renewals, the court was not certain if that original rejection was still viable. The meaning of structural damage to a building was the concern of the U.S. Eleventh Circuit Court of Appeals. The insureds suffered damage to their house due to sinkhole collapse and the coverage dispute centered on whether the house had simple damage or had actual structural damage. The final case comes from Iowa where the Court of Appeals of Iowa had to decide whether an appraisal was a condition precedent to any further action in a claim for hail damage. The insurer contended that a judicial determination of coverage could be made before an appraisal was conducted, but the insured sought an order from the court for an appraisal before a determination of coverage.

Questions and Answers

Under the garagekeepers coverage, does the faulty work you performed exclusion apply while the insured was checking his repair work and caused damage to the customer's car? See Faulty Work You Performed Exclusion. Can fumes/gases released from a dead body be considered a pollutant? See Pollution Question Over Gases Released From Dead Body. Are metal light boxes which were part of the fixture heads installed on exterior light poles considered real property or are they subject to the your product exclusion? See Real Property and the Your Product Exclusion.

How does the other states insurance section of the workers compensation policy apply to an employee who lives in Oregon, was injured in New York while on business, and employed by a company headquartered in Arkansas? See Workers Comp Benefits and Other States Insurance. While the insured was repairing a wall that he had previously installed, he damaged the landscaping. Does the your work exclusion apply in this instance? See Your Work Exclusion Application.

Builders Risk Coverage Form

This new article discusses the Builders Risk Coverage Form, IH 00 70, which covers building materials, supplies, fixtures and machinery, and equipment used to service the building that is intended to be permanently in or on a building or structure. See Builders Risk Coverage Form.

Personal Effects Form

The Personal Effects form is unique coverage. It provides coverage for the insured's personal property while traveling. Special limits apply to jewelry and furs, since they are tempting to thieves. Form PM 00 20 provides coverage for personal effects while the insured is in transit or away from home. See Personal Effects Form.

Cameras Form

The Cameras form provides a wide range of coverage for not just cameras, but telescopes, microscopes, recording equipment and most equipment that can be used with a camera. Form PM 00 13 provides coverage for cameras for a broad range of perils; the form is open perils except for just a few exclusions. See Cameras Form.