Funeral Homes
ISO Market Segments Program
December 14, 2015
Summary: The ISO Market Segments Funeral Homes endorsement, MS FH 01 07 13 is a wrap around endorsement, which modifies the Building and Personal Property form, CP 00 10 10 12; the Causes Of Loss – Special form, CP 10 30 10 12; and the Commercial General Liability Coverage form, CG 00 01 04 13 or CG 00 02 04 13.
This article provides information on MS FH 01. For more information and analyses of the underlying coverage forms, see CGL Coverage Form—Coverage A; see CGL Coverage Form—Coverage B; see Medical Payments; see General Provisions of the CGL; see Building and Personal Property Coverage Form; and see Causes of Loss.
Topics covered: Introduction Changes to the commercial property form Additional coverages Coverage extensions Changes to the causes of loss—special form Changes to the CGL form Definitions Increased limits of mandatory coverages Endorsements
|Introduction
The Funeral Homes program provides property and liability coverage to establishments that conduct funerals and are primarily engaged in preparing the dead for burial or internment. Funeral homes and chapels, even if they engage in other types of operations, are eligible. Crematories, either for- or not-for-profit, are not eligible coverage under this endorsement.
Several limits of insurance for mandatory coverages may be increased by the MS FH 01:
Fire Department Service Charge: The $5,000 limit may be increased to $7,500 or $10,000 per occurrence.
Money and Securities: Both the $10,000 limit for loss to money and securities on-premises and the $5,000 limit for off-premises loss may be increased.
Forgery or Alteration: The $2,500 limit for loss from forgery or alteration of checks, drafts, promissory notes, and the like may be increased to $5,000 or $10,000.
Outdoor Signs: The $5,000 limit for loss to outdoor signs on the insured's property or in the insured's care, custody, or control may be increased up to $100,000.
Employee Dishonesty: The $10,000 limit for loss of business personal property, money, securities, and clients' property due to employee theft may be increased to $25,000 or $50,000 per occurrence.
Personal Effects and Property of Others: The $10,000 limit for personal property of others may be increased up to $50,000.
Valuable Papers and Records (Other Than Electronic Data): The $10,000 limit for this coverage may be increased up to $250,000.
Accounts Receivable: This coverage's $5,000 limit may be increased up to $100,000.
Property Off-Premises: The $25,000 limit for this coverage may be increased up to $50,000.
Property in Transit: This coverage's $10,000 limit may be increased up to $25,000.
Limited Pollution Liability Coverage – Embalming Fluids: The $10,000 limit for this coverage may be increased.
The MS FH 01 makes the following changes to the CP 00 10: the fire department service charge limit is increased to $5,000, and the pollutant clean up and removal limit of insurance is increased to $25,000.
The commercial property form offers several additional coverages. The MS FH 01 adds eleven more coverages to this category.
Money and Securities: Loss to money or securities while in a bank or savings institution; within the insured's, the insured partners', or the insured's employees' living quarters; or in transit between these places is covered for theft, disappearance, or destruction. Losses resulting from accounting or arithmetical errors or omissions, due to giving or surrendering property in any purchase or exchange, or contained in any money-operated device are not covered. The limit is $10,000 for money and securities while on premises; $5,000 for money or securities at any other location described in this section.
Fire Extinguisher Systems Expense. This endorsement will pay for the cost of recharging or replacing—whichever is less—the fire extinguishers and extinguishing systems if they are discharged on or within 100 feet of the described premises. The 2013 revision to the form extended the coverage radius, stating that the discharge must take place in or on the building described in the declarations or within 100 feet of the building or premises described in the declarations, whichever distance is greater. This change was made to many ISO commercial property forms to address instances of multiple-occupancy buildings. If the insured is on the tenth floor of a building, 100 feet from the described premises may be much different than 100 feet from the building.
Also covered is loss or damage to covered property as a result of an accidental discharge, but not if the system is discharged during installation or testing. The most that will be paid under this coverage is $5,000 in any one occurrence, with no deductible applying.
Reward Payment. The named insured will be reimbursed up to $5,000 for rewards paid to an eligible person for information leading to the arrest and conviction of any person committing a crime resulting in loss to covered property from a covered cause of loss. Up to $5,000 is also paid for a reward paid to an eligible person for the return of stolen property when the loss is caused by theft.
An “eligible person” is defined as “that person designated by a law enforcement agency as being the first to voluntarily provide the information leading to the arrest and conviction or return of the stolen covered property.” The following persons cannot be eligible persons: the named insured and family members; the named insured's employees and family members; an employee of a law enforcement agency; an employee of a business engaged in property protection; any person who had custody of the covered property at the time the theft was committed; or any person involved in the crime. And, no reward will be reimbursed unless and until the person committing the crime is convicted (no word on how appeals affect this requirement), or the covered property is returned.
Money Orders and Counterfeit Money. The insurer will pay for loss resulting directly from the named insured's having accepted in good faith money orders not paid upon presentation or counterfeit money that is acquired during the regular course of business. The most that will be paid for any loss under this additional coverage is $5,000.
Forgery or Alteration. The insurer promises to pay for loss resulting from forgery (a defined term) or alteration of checks, drafts, promissory notes, or similar written promises to pay a sum certain in money. The most to be paid is $2,500 in any one occurrence unless a different limit is shown in the declarations. This amount includes legal expenses for defense of the insured in case the insured is sued for refusing to pay the forged or altered instrument on the basis that it has been forged or altered.
Outdoor Signs. The endorsement covers direct physical loss of or damage to all outdoor signs at the described premises owned by the named insured or owned by others but in the care, custody, or control of the named insured. The most to be paid in any one occurrence is $5,000 unless a different limit for outdoor signs is shown in the declarations. The provision supersedes all other outdoor sign coverage references on the building and personal property form.
Employee Dishonesty. MS FH 01 will pay up to $10,000 for direct loss of or damage to the named insured's business personal property, money, and securities—as well as the insured's clients' money, securities, and property—resulting from dishonest acts committed by any of the named insured's employees. The employees must have the manifest intent to cause the named insured to sustain loss and to obtain financial benefit. The loss suffered by the insured will be paid up to $5,000 in any one occurrence. All loss or damage caused by one or more employees and involving a single act or series of related acts is considered one occurrence.
There are several limitations to this coverage. The form will not pay for loss or damage resulting from any dishonest or criminal act committed by the named insured, partners, members, managers, directors, trustees, authorized representatives, or by anyone to whom the named insured entrusts the property that is taken or damaged. The endorsement will not pay for indirect loss or damage, including the inability to realize income that would have been realized had there been no loss or damage to money or securities; payment for which the named insured is legally liable (except compensatory damages arising directly from a covered cause of loss); or payment of fees, costs, or other expenses in establishing the amount or the existence of the loss. Also excluded are legal expenses or loss or damage the proof of which as to its existence or amount is based on an inventory computation or a profit or loss computation. The endorsement will not apply to loss or damage that the named insured sustains through acts not committed during the policy period, and the coverage will apply only for loss or damage discovered no later than one year from the end of the policy period. The limits of insurance for this type of coverage do not accumulate from policy period to policy period. And, this endorsement does not apply to loss caused by any employee after discovery by the named insured of any dishonest act committed by that employee before or after being hired by the named insured.
Spoilage Coverage. MS FH 01 covers perishable stock, up to $10,000, for losses caused by changes in temperature and humidity resulting from mechanical breakdown or failure of refrigeration, cooling, or humidity control apparatus or equipment while on the described premises; contamination by a refrigerant; and power outage—complete or partial interruption of electrical power, on or off premises, due to conditions beyond the insured's control. The coverage does not apply to spoilage resulting from earth movement; governmental action; nuclear hazard; war and military action; water; disconnection of refrigerating, cooling, or humidity control systems from their power sources; deactivation of electrical power by manipulation of any switch or device used to control the flow of electrical power or current; inability of an electrical utility to provide power due to lack of fuel or governmental order; inability of power source at the described premises to provide sufficient power due to lack of generating capacity; or glass breakage that is part of any refrigerating, cooling, or humidity control unit.
Artificially Generated Electrical Current. The endorsement will pay for loss or damage to computers due to artificially generated electrical current if such loss or damage is caused by or results from an occurrence that took place within 1,000 feet of the described premises or interruption of electric power supply, power surge, blackout, or brownout if the cause of the occurrence took place within 1,000 feet of the described premises.
Preservation of Dead Bodies. MS FH 01 covers the expense, up to $5,000, to move and store dead bodies for preservation off-premises in the event of an off-premises or on-premises power failure or other utility failure caused by a covered cause of loss.
Ordinance Or Law—Equipment Coverage. The endorsement promises to pay to repair or replace covered property as required to comply with an ordinance or law when the loss is caused by a covered cause of loss.
The 2013 revision to the form added a section regarding refrigeration equipment. If a covered cause of loss occurs to covered refrigeration equipment, the cost to reclaim the refrigerant, as required by law, is covered. The cost to retrofit the equipment to use a non-CFC refrigerant as required by the Clean Air Act of 1990 and the increased cost to recharge the system with a non-CFC refrigerant are also covered.
The terms of coverage apply separately to each piece of covered equipment.
Costs associated with the enforcement of or compliance with any ordinance or law requiting an insured or others to test for, monitor, clean up, remove, contain, treat, detoxify, neutralize, or in any way respond to pollutants are not covered.
If replacement cost coverage applies and the insured repairs or replaces the equipment, the insured will pay the lesser of the amount actually spent to repair the equipment, but not more than it would cost to replace the equipment with that of the same kind and quality or the limit of insurance. If the equipment is not repaired or replaced when the replacement cost coverage option applies, the insurer will pay the lesser of the actual cash value of the equipment at the time of loss or the limit of insurance.
The additional coverage does not cover loss due to any ordinance or law with which the insured is required to comply, and fails to do so, before the loss. The coinsurance additional condition does not apply to this coverage.
MS FH 01 makes several changes to the coverage extensions section of the building and personal property coverage form.
Newly Acquired or Constructed Property. The form replaces the commercial property policy's period of coverage provision of newly acquired or constructed property with a provision stating that coverage will end when the policy expires, thirty days after the named insured acquires the property or begins construction, the named insured reports values, and, with respect to computers, when specific insurance at the newly acquired premises is obtained—whichever comes first. Additional premium will be charged for values reported from the date the named insured acquires the property or begins construction.
Personal Effects and Property of Others. The business personal property insurance is extended to personal effects owned by the named insured and the insured's officers, partners, members, managers, and employees; it is also extended to personal property of others in the care, custody, or control of the named insured. The most that the insurer will pay is $10,000 in any one occurrence while the property is at each described premises.
Valuable Papers and Records (Other Than Electronic Data). The business personal property insurance is extended to apply to direct physical loss or damage—caused by a covered cause of loss—to valuable papers and records that the named insured owns, or that are in the care, custody, or control of the named insured. Coverage includes the cost to research lost information on valuable papers and records for which duplicates do not exist, but not valuable papers and records that exist as electronic data. The loss or damage must be caused by the specified causes of loss as defined in the Causes of Loss – Special form, or by collapse. The extension does not apply to samples, property held for delivery after sale, or property in storage away from the premises listed in the declarations. The most that the insurer will pay under this extension is $10,000 in any one occurrence at each described premises; for valuable papers and records not at a described premises, the most that will be paid is $5,000. These amounts are additional insurance. The cost of blank material for reproducing the records, whether or not duplicates exist, and in the case where duplicates do exist, for the cost of labor to transcribe or copy the records, is covered as well, subject to the applicable limit of insurance. This is not additional insurance.
Property Off-premises. The named insured may extend coverage to property while it is away from the described premises, under certain conditions. The property must be temporarily at a location that the named insured does not own, lease, or operate; or the property must be in storage at a location leased by the named insured; or the property must be at a fair, trade show, or exhibition. The extension does not apply to property in or on a vehicle (except for computers, which are also covered in the course of transit), or to property in the care, custody, or control of the named insured's salespersons (unless the property is in such care at a fair, trade show, or exhibition). The most the insurer will pay for loss or damage is $25,000 in any one occurrence unless a different amount is shown in the declarations.
Outdoor Property. MS FH 01 will pay for loss or damage to fences and retaining walls that are not part of a building; the most that will be paid in any one occurrence is $2,500. The endorsement will pay for loss or damage to outdoor radio, television, satellite, or other antennas; the most to be paid for this coverage extension is $3,000 in any one occurrence. Covered also are trees, shrubs, and plants other than stock (a defined term); the most paid here is $5,000 in any one occurrence, but not more than $500 for any one tree, shrub, or plant. The 2013 revision also made an exception for trees, shrubs, or plants that are part of a vegetated roof.
This coverage for outdoor property is only for the following covered causes of loss: fire, lightning, explosion, riot or civil commotion, or aircraft.
The 2013 revision added a statement that, to the extent that coverage for outdoor property is provided under the extension, the provisions of the property not covered section do not apply. Also added in 2013 was a declaration that the extension includes the expense of removing the debris of trees, shrubs, or plants—that are the property of others—from the described premises. However, the provision does not apply if the insured is a tenant and the property is owned by the landlord of the premises. This provision reflects changes made to the Building and Personal Property Coverage Form regarding debris removal of property other than the insured's and represents a broadening of coverage.
Accounts Receivable. Coverage may be extended to accounts receivable. The endorsement will pay all amounts due from the named insured's customers that cannot be collected, interest charges on any loan required to offset amounts that cannot be collected, necessary excess collection expenses, and other reasonable expenses incurred by the named insured to reestablish accounts receivable records. The payment is made due to direct physical loss or damage by any covered cause of loss to the accounts receivable records. The most that will be paid under this extension in any one occurrence is $5,000 unless a different limit is shown in the declarations. For accounts receivable not at a described premises, the most the insurer will pay is $2,500 in any one occurrence.
MS FH 01 modifies the Causes of Loss – Special form, CP 10 30. Certain changes are made to particular parts of form CP 10 30.
The 2013 revision added a statement that the ordinance or law exclusion does not apply to the ordinance or law equipment coverage.
The mechanical breakdown exclusion in the exclusions section of CP 10 30 does not apply to loss or damage to computers.
The paragraphs referencing the excluded causes of loss to personal property in the exclusions section are replaced by the following:
We will not pay for loss or damage caused by or resulting from the following causes of loss to personal property: dampness or dryness of atmosphere or changes or extremes of temperature (unless such conditions result from physical damage caused by a covered cause of loss to an air conditioning unit or system); or marring or scratching. However, if one of these excluded causes of loss results in a specified cause of loss (a defined term) or building glass breakage, the insurer will pay for the loss or damage caused by that specified cause of loss or glass breakage.
The following four exclusions are added to the exclusions section, but apply only to coverage for computers. These exclusions apply regardless of any other cause or event that contributes concurrently or in any sequence to the loss.
Errors or Omissions. The endorsement does not apply to loss or damage caused by errors or omissions in processing, recording, or storing electronic data on computers. However, the insurer will pay for direct loss or damage caused by resulting fire or explosion if these causes of loss would be covered by the endorsement.
Electrical Disturbance. Loss due to electrical or magnetic injury, disturbance, or erasure of electronic recordings is not covered. Direct loss or damage caused by lightning is covered.
Computer-Related Losses. The inability to correctly recognize, process, distinguish, interpret, or accept one or more dates or times is another cause of loss that MS FH 01 does not cover. This relates to failure, malfunction, or inadequacy of the following: computer hardware, application software, operating systems and related software, networks, microprocessors (computer chips) that are not part of any computer system, and any other computerized or electronic equipment or components. The failure, malfunction, or inadequacy of any other products, any services, data, or functions that directly or indirectly use or rely upon the items listed are also excluded.
Computer Advice or Consultation. The form will not respond to loss or damage caused by any advice, consultation, design, evaluation, inspection, maintenance, repair, replacement, or supervision provided or done by or for the named insured in order to rectify or test for any potential or actual problems described in the previously mentioned computer-related loss clause.
If an excluded cause of loss as described in these four clauses results in a specified cause of loss (a defined term on CP 10 30), or in elevator collision resulting from mechanical breakdown, the insurer will pay for the loss or damage caused by these things.
The exclusions section of CP 10 does not apply to the coverage for employee dishonesty that this endorsement provides, except for the governmental action, nuclear hazard, and war and military action exclusions.
The exclusions section and the limitations section do not apply to the coverage for outdoor signs that MS FH 01 provides. There are exceptions. The following exclusions do apply: governmental action, nuclear hazard; war and military action; wear and tear; rust or other corrosion, decay, deterioration, hidden or latent defect in the property that causes it to destroy itself; and mechanical breakdown, including rupture or bursting caused by centrifugal force, unless mechanical breakdown results in elevator collision, in which case loss or damage caused by the elevator collision is covered.
As for the coverage for valuable papers and accounts receivable that MS FHC 01 offers, the endorsement notes that the exclusions section of CP 10 30 does not apply except for certain exclusions. The exclusions that apply to valuable papers and accounts receivable coverage are as follows: governmental action; nuclear hazard; war and military action; computer-related losses; computer advice or consultation; continuous or repeated seepage or leakage of water; water and other liquids that flow from plumbing or air conditioning equipment; weather conditions; acts or decisions of any group, person, organization, or governmental body; and faulty, inadequate, or defective design, workmanship, maintenance, or materials used in repair or construction of part or all of any property on or off the described premises.
The exclusions that apply just to accounts receivable coverage are as follows: loss or damage caused by or resulting from alteration, falsification, or destruction of records of accounts receivable done to conceal the wrongful giving or taking of money, securities, or other property; loss or damage caused by or resulting from bookkeeping, accounting, or billing errors; any loss or damage that requires any audit of records or any inventory computation to prove its factual existence.
The special limits for furs, fur garments, garments trimmed with fur, jewelry, watches, watch movements, precious and semiprecious stones, bullion, gold, silver, platinum, and other precious alloys or metals is increased to $10,000.
MS FH 01 also offers an additional coverage extension for property in transit. The coverage for loss or damage is increased to $10,000 from the $5,000 offered under CP 10 30.
The MS FH 01, with respect to embalming fluids used in the insured's embalming operations, replaces the CGL's bodily injury and property damage liability pollution exclusion. The endorsement exclusion states that the form does not apply to bodily injury or property damage that arises out of the actual, alleged, or threatened discharge, dispersal, seepage, migration, release, or escape of pollutants at or from any premises, site, or location the insured or others used at any time for handling, storing, disposing of, processing, or treating waste.
Property damage or bodily injury caused by pollutants handled, transported, stored, treated, disposed of, or processed as waste by any insured or any person or organization for whom the named insured may be legally responsible are also excluded. Also excluded are losses, costs, or expenses arising out of the request, demand, order, or statutory or regulatory requirement that any insured or others test, monitor, clean up, remove, contain, treat, detoxify, or neutralize, or in any way respond to pollutants. Claims or suits brought by governmental authority for damages for any of the excluded activities are also excluded.
With respect to the Limited Pollution Liability Coverage – Embalming Fluids, an addition is made to the limits of insurance section, stating that the most the insurer will pay for the sum of all damages due to bodily injury, medical expenses, or property damage arising out of the actual, alleged, or threatened discharge, dispersal, seepage, migration, release, or escape of embalming fluids used in the insured's embalming operations is the Limited Pollution Liability Coverage – Embalming Fluids Aggregate Limit, which is $10,000.
The MS FH 01 provides the following defined terms:
Client: Client includes individuals, companies, or organizations with whom the insured has a written contract to render funeral services for which the insured has billed, as well as the deceased's family members and those who attend funeral services.
Computer. Computer means the named insured's programmable electronic equipment that is used to store, retrieve, and process electronic data. It includes their component parts and dedicated air conditioning, fire suppression equipment, and electrical equipment used exclusively in the named insured's computer operations; and associated peripheral equipment that provides communication, including input and output functions such as printing or auxiliary functions such as electronic data transmission. It does not include electronic data and media.
Counterfeit money. Counterfeit money is an imitation of money that is intended to deceive and to be taken as genuine.
Employee. Employee means any natural person while in the named insured's service and for the first thirty days after termination of service (unless the termination is due to theft or any other dishonest act) who the named insured compensates directly by salary, wages, or commissions; and who the named insured has the right to direct and control while performing services for the named insured; or any natural person who is furnished temporarily to the named insured to substitute for a permanent employee, as defined, who is on leave—or to meet seasonal or short term work load conditions—while that person is subject to the insured's direction and control and performing services for the insured, but not including any person while having care and custody of property outside the premises.
The 2013 revision added several other categories of persons who are considered employees by this definition: persons leased to the insured under a written agreement between the insured and a leasing firm (to be distinguished from a temporary employee); former employees, partners, members, managers, directors, or trustees retained as consultants; guest students or interns (except those while having care and custody of property outside the premises); any employee of a merged entity, prior to the effective date of the insurance; managers, directors, or trustees while performing acts within the scope of the usual duties of an employee or acting as an elected or appointed member of the board to perform specific directorial acts.
Not included in the definition are agents, brokers, factors, commission merchants, consignees, or independent contractors or their representatives.
The definition applies only to the money and securities and employee dishonesty.
Forgery. Forgery is the signing of the name of another person or organization with intent to deceive.
Manager. Manager means a person serving in a directorial capacity for a limited liability company. The definition applies only to the employee dishonesty.
Member. This definition was added by the 2013 revision and means an owner of a limited liability company represented by its membership interest who may also serve as a manager. The definition applies only to coverage provided under the first section of employee dishonesty coverage.
Money. Money is currency, coins, and bank notes in current use and having a face value; and travelers checks, register checks, and money orders held for sale to the public.
Occurrence: The meaning of occurrence depends on the section in the form where the term is found. For the money and securities section, an occurrence is all loss caused by one or more persons involving a single act or series or related acts. For the money orders and counterfeit money section, an occurrence is an act or series of acts involving one or more persons or an act or event or a series of related events not involving any person. For the forgery or alteration section, an occurrence is all loss caused by any person or in which that person is involved, whether involving one or more instruments. For the employee dishonesty section, an occurrence is all loss caused by, or involving, one or more employees (as defined in the endorsement), either the result of a single act or a series of acts.
Other Property: Other property, for the employee dishonesty section only, is tangible property that has intrinsic value, other than money and securities, and the body, body parts, organs, and personal effects of the deceased.
Perishable Stock: Perishable stock is flowers or other stock that is maintained under controlled conditions for its preservation and that is susceptible to loss or damage if the controlled conditions change.
Securities. Securities are negotiable and nonnegotiable instruments or contracts representing either money or other property and include redeemed coupons, tokens, tickets, revenue, and other stamps (whether represented by actual stamps or unused value in a meter) in current use; and evidences of debt issued in connection with credit or charge cards, which cards are not issued by the named insured. Securities do not include money.
Theft: For the clients' property under the employee dishonesty section, theft is the unlawful taking of money, securities, or other property in deprivation of the insured's client.
Professional Liability. Endorsement MS FH 05 12 06 provides funeral directors professional liability coverage for the insured. This coverage applies to bodily injury, property damage, or personal and advertising injury arising out of rendering of or failure to render professional services in connection with the insured's business as a funeral director, including errors or omissions in the handling, embalming, disposal, burial, cremation or disinterment of dead bodies.
The contractual liability exclusion on the general liability form is replaced by the following exclusion: bodily injury, property damage, or other injury for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement; this exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement.
The care, custody, or control exclusion is replaced by the following exclusion: personal property in the care, custody, or control of the insured, except property damage to dead bodies, any casket, urn, or other container for a dead body or its cremated remains or the personal effects of a deceased person while in the care, custody, or control of the insured, unless such property damage is caused by theft or hostile fire.
The damage to your work exclusion does not apply, and the paragraph in the damage to property exclusion referencing that particular part of property that must be restored, repaired, or replaced because the named insured's work was incorrectly performed on it also does not apply.
MS FH 05 does add an exclusion. There is no coverage for bodily injury, property damage, or other injury arising out of a criminal act, including but not limited to fraud committed by the insured or any person for whom the insured is legally responsible.
The personal and advertising injury coverage under the general liability policy also has some exclusions affected by this endorsement. The contractual liability exclusion is changed with the same wording as in the bodily injury and property damage coverage section of the general liability policy. And, the criminal acts exclusion is replaced by the following exclusion: personal and advertising injury or other injury arising out of a criminal act including but not limited to fraud committed by the insured or any person for whom the insured is legally responsible.
MS FH 05 also amends the definition of “occurrence” to include any act, error, or omission arising out of the rendering of or failure to render professional services as a funeral director.
Equipment Breakdown Protection Coverage. MS FH 02 12 06 was withdrawn in the 2013 revision of the ISO Market Segments program. ISO explained that optional coverage is available for equipment breakdown under the Commercial Property program, so the optional coverage under the Market Segments program is no longer necessary. Endorsement CP 10 46 10 12, Equipment Breakdown Cause of Loss, can be used for this coverage.
Fine Arts Coverage. MS FH 03 12 06 provides payment for direct loss of or damage to fine arts, whether owned by the named insured or others in the care of the named insured. The term “fine arts” includes, but is not limited to, antiques, paintings, etchings, drawings, tapestries, sculptures, and fragile property such as porcelains, china, and marble. The most the insurer will pay for loss in any one occurrence under this endorsement is $25,000 at each described premises; this amount is additional insurance over the insurance available for business personal property as described in the building and personal property coverage form.
The value of the fine arts will be the least of the following amounts: the actual cash value of that property; the cost of reasonably restoring that property to its condition immediately before loss; or the cost of replacing that property with substantially identical property. In the event of loss, the value of property will be determined as of the time of loss.
MS FH 03 also adds some information to the additional conditions section of the commercial property form. In case of loss to any part of a pair or set, the insurer can repair or replace any part to restore the pair or set to its value before the loss, or pay the difference between the value of the pair or set before and after the loss. And, the named insured must arrange for fine arts to be packed and unpacked by competent packers.
Loss or Damage to Guests' Autos (Legal Liability Coverage). MS FH 04 12 06 provides coverage for all sums the named insured must pay as damages for direct physical loss of or damage (including any resulting loss of use) to autos or auto equipment of guests or other invitees while the autos are at a premises shown in the declarations. Such loss or damage must be caused by or result from a covered cause of loss.
This insurance does not apply to liability resulting from any agreement by which the named insured accepts responsibility for direct physical loss of or damage to autos left in the care of the named insured. And, it does not apply to loss or damage due to theft or conversion caused in any way by the named insured or any other insured.
An “auto” is defined as a land motor vehicle, trailer, or semitrailer.
Suspension/Reinstatement of Coverage. MS FH 06 12 06 was withdrawn rom the ISO Market Segments program in 2013. ISO explained that optional coverage is available for equipment breakdown under the Commercial Property program, so the optional coverage under the Market Segments program is no longer necessary. Endorsement CP 10 47 10 12, Suspension or Reinstatement of Coverage for Loss Caused by Breakdown of Certain Equipment, can be used for this coverage.
Supplemental Schedule. MS FH DS 07 13 is a supplemental schedule used in conjunction with the commercial property coverage part declarations and the commercial general liability coverage part declarations. This endorsement allows changes in the limits of insurance for each coverage for which an ″X″ is shown in the appropriate box. The 2013 form removed the equipment breakdown section as that endorsement has been withdrawn.
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