September 2016 Intro Page
Dec Page
The article of the month deals with the definition of residence premises. This definition is key to any homeowner property policy since it defines the property being insured. The Insurance Services Office (ISO) has developed several endorsements for the homeowners program that change the standard definition of residence premises. These endorsements change the definition to include properties in which the insured is no longer residing and this has tremendous coverage implications for insurers since it greatly broadens coverage for properties that have been left unoccupied.
The court cases in the Dec Page come from United States District Courts. The U.S. District Court for the Western District of Pennsylvania explains the basic concept of stacking and how the other insurance clause affects underinsured motorist coverage. The U.S. District Court for the Northern District of Indiana discusses the right to control the defense amid a conflict of interest on the part of the insurer. The meaning of “occupying” is handled by the U.S. District Court, South Carolina, in a case where the insured was struck by a car while standing on the shoulder of the road, eight feet from the insured's car.
Questions and Answers
When an insured owns a boat house on property leased from a utility company, how is it insured? See Boat House on Property Leased from Utility. The insured died before the current policy term, and the house is in a trust; how should it be covered? See House in Living Trust after Death of Insured.
An insured submitted a hail claim, and the adjuster wants to charge deductibles for each hail storm over time. Can multiple deductibles be applied to the claim? See Storms over Time and Application of Deductibles. When an apartment complex comes to the former tenant to pay for repairs caused by that tenant, is there coverage? See Tenant's Policy and Hard Living Tenant.
Public or Livery Passenger Conveyance and On-Demand Delivery Services Exclusion
In light of all of the ridesharing headlines in the news recently, ISO created two endorsements that are effective on November 1, 2016: Public or Livery Passenger Conveyance Exclusion, CA 23 44 11 16, and Public or Livery Passenger Conveyance and On-Demand Delivery Services Exclusion, CA 23 45 11 16. This article reviews the forms and the background behind the endorsements. See Public or Livery Passenger Conveyance and On-Demand Delivery Services Exclusion.
Hot Air Balloon Insurance
Hot air balloons tend to attract attention when they are in the air. They are large, colorful, and often fairly close to observers, making the encounter a real treat for those on the ground. Operators are considered to be pilots, but piloting a hot air balloon is significantly different than flying an airplane, even a small one. Insurance considerations are different as well; a hard landing in an airplane may be nothing more than a loud and somewhat disruptive bump, but a hard landing in a hot air balloon can result in passenger injuries or even death. This article addresses how hot air balloons can be insured. See Hot Air Balloon Insurance.
Duties After a Loss—Home Inventory
When a personal property loss occurs most carriers want an inventory of items damaged or destroyed. The creation of a home inventory before a loss makes this step much easier if a loss occurs and ensures the insured has sufficient coverage for all his property. See Duties After a Loss—Home Inventory.
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