The article of the month deals with the Nationwide Inland Marine Definition. This is a document published by the National Association of Insurance Commissioners (NAIC) and subscribed to in many states. The definition dates back to June 1953, but the article in the FC&S Bulletins presents the current version of the definition plus a chart indicating which states have adopted the NAIC definition.

The court cases in the Dec Page this month come from the Court of Appeals of Iowa, the Supreme Court of South Dakota, the U.S. Circuit Court of Appeals, Eighth Circuit, and the U.S. District Court for the Western Division of Tennessee.

The Iowa court discussed the anti-concurrent cause provision in a property policy wherein the insured sought coverage for damage sustained during a flood; the insured claimed coverage under a sewer backup cause of loss. The Supreme Court of South Dakota handled a collision claim between an auto and a crop sprayer. The question was whether the driver of the crop sprayer was an insured under the policy of the sprayer's owner since the driver only borrowed the sprayer and was not using it in the business of the sprayer's owner. The Eighth Circuit Court of Appeals had to decide when a claim is a claim under a claims-made policy. Was a demand for relief a claim and was it made during the policy period? The final case comes from a U.S District Court in Tennessee and deals with mold. The exclusion precluded coverage for injuries arising from mold inhalation or ingestion, but an exception allowed coverage if the mold was on or contained in a good or product. If the mold infestation affected the water consumed by the claimant, does the exception to the exclusion apply if water is seen as a good or product?

Questions and Answers

How does the auto loan/lease coverage endorsement apply? See Auto Loan or Lease Coverage. Does a buggy qualify as a trailer for GKLL coverage? See Buggy as a Trailer. How is coverage under the MCS 90 affected if the insured was not negligent in his operation of his truck? See MCS 90 Coverage.

Under symbol 31 under the garage policy, whose interests in the damaged car are covered if the car was sold under an installment plan? See Symbol 31 Coverage. Can a volunteer recover BI damages under a CGL form given the fact that by definition, he is an insured? See Volunteer as an Insured.

Personal Umbrella Liability Policy Public or Livery Conveyance Exclusion Endorsement

ISO has a new endorsement out that excludes transportation network platforms from coverage on the personal umbrella form. The growth of companies like Uber and Lyft have created exposures not contemplated on the umbrella forms. While the form contains an exclusion for livery use, this endorsement clarifies that the exclusion applies to ride-sharing companies as well. See Personal Umbrella Liability Policy Public or Livery conveyance Exclusion Endorsement.

Residence Premises Definition Endorsement

ISO has a number of new endorsements out for the homeowners forms that amends the definition of residence premises. This is a significant change, in that it broadens coverage extensively so that coverage is provided for the dwelling once the insured has moved out. See Residence Premises Definition Endorsements.

Information Security Protection Endorsement

In 2015 ISO introduced the Information Security Protection Endorsement, for use with the Businessowners program, to address data and cyber breach exposures. The form provides three tiers of coverage for restoration of electronic data, public relations expense, security breach expense, extortion threats, business income and extra expense, and website publishing liability. See Information Security Protection Endorsement.