The article of the month deals with the issue of recovery by innocent coinsureds after an arson has occurred. Traditionally, provisions of property policies have put contractual force to the public policy of not allowing a wrong-doer/insured to profit under a property policy for an act or arson committed by that insured. However, the case of an innocent coinsured—another person qualifying as an insured under the policy, who has no knowledge of, and no part in the fraudulent act—has not been so clear. The article of the month reviews policy provisions and court decisions pertaining to innocent coinsureds when it comes to recovery for an arson loss.

The court cases in the Dec Page come from The U.S. Fifth Circuit Court of Appeals, the U.S. District Court for the Eastern District of Virginia, the Superior Court of Pennsylvania, and the Supreme Court of Hawaii.

The Fifth Circuit decision deals with the protection and indemnity clause and the Jones Act where the employee filed a lawsuit to recover for injuries caused by the toppling of a crane. The District Court handled the failure to conform exclusion and coverage for advertising infringement. Are faulty workmanship of the insured and the faulty work of subcontractors occurrences? The Superior Court of Pennsylvania issued an opinion on this question. Finally, the extent of coverage under the designated premises endorsement was the issue before the Supreme Court of Hawaii.

Questions and Answers

When an insured borrows a trailer and in detaching it from the vehicle it damages property of others, where is coverage found? See Detachable Trailer. When an insured has a secondary home and the heating oil fails to get refilled, is there coverage? See Failure to Maintain Heat. When different types of other structures are damaged, how is the loss settled? See Other Structures Covered at ACV. How should coverage be placed when relatives reside together? See Resident Relative and Separate Policies.

Unmanned Aircraft Property And Cargo Coverage Form and Limited Coverage for Unmanned Aircraft Property

ISO has developed a form, IH 00 61, Unmanned Aircraft Property And Cargo Coverage Form, to address the coverage needs of unmanned aircraft and their cargo. See Unmanned Aircraft Property And Cargo Coverage Form.

ISO form IH 99 29, Limited Coverage for Unmanned Aircraft Property, provides coverage for unmanned aircraft and its associated property. See Limited Coverage for Unmanned Aircraft Property.

Dwelling Property Forms-Coverages

This article discusses the revisions to the coverages section of the dwelling property forms. Changes were made with the 2014 policy forms. See ISO Dwelling Property Forms – Coverages.

Asbestos Abatement Exposures

This article discusses the issues surrounding asbestos abatement. While asbestos seems to be an old issue, new claims are being filed under other coverages where liability can be unlimited. See Asbestos Abatement Exposures.