The article of the month deals with governmental action. Property coverage forms commonly contain exclusions for loss by governmental or public authority's destruction, confiscation, or seizure of property. The article of the month discusses the application of the exclusion under both commercial and personal lines of coverage. Also, several court cases are noted as helpful tools in understanding the governmental action exclusion.

The court cases this month come from the U.S. District Court, Connecticut, the Superior Court of Delaware, the Eleventh Circuit Court of Appeals, and the Texas Supreme Court.

The U.S. District Court discussed the meaning of occurrence and the application of the intentional acts exclusion in a case where the insured testified that he struck another person in self-defense. The Superior Court of Delaware case offered another court's ruling on defective workmanship as an occurrence. The U.S. Court of Appeals handled a case pertaining to the number of occurrences and how the deductible would be processed when the insured had to choose a deductible on either a per claim basis or a per occurrence basis. The Texas Supreme Court answered some certified questions pertaining to when property damage occurs and if the impaired property exclusion applied.

Questions and Answers

Does the utility services exclusion on the CP 10 30 apply to damage caused by an on-premises power surge? See Power Surge and Damaged Electronics. Does the landlord's or the tenant's policy pay for damage to the tenant's improvements and betterments? See Water Damage to Tenant's Improvements and Betterments.

If a hotel incurs expenses to house employees following a fire, are the expenses covered? See Expenses Incurred to Minimize Loss Should Be Covered. Can an adjuster also be an appraiser under the ISO CP 00 10 appraisal clause? See Adjuster as Appraiser in Commercial Property Dispute.

Businessowners Program Endorsements

This article describes endorsements available for the ISO Businessowners Program and was updated to reflect new and revised endorsements. See Businessowners Program Endorsements.

Workers Compensation and Ride-Sharing

This article analyzes the question of whether application based ride-sharing drivers should be classified as independent contractors or employees, in order to determine whether the drivers should receive workers compensation benefits that are generally reserved for employees. See Workers Compensation and Ride-Sharing.

Liability for Guests' Property—Crime Coverage

This article discusses the revisions to the endorsement used with lodging facilities and the risks of loss or damage to the property of guests. Changes were made with the 2013 policy forms. See Liability for Guests' Property—Crime Coverage.

Farm Liability Endorsements

This article reviews the farm liability endorsements and provides brief descriptions of each. Many of the forms have been updated in 2016. See Farm Liability Endorsements.

Master Glossary

A new glossary that combines the general, reinsurance, and health glossary has been created. New terms have been added and existing terms updated. See Master Glossary.