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January 7, 2016  

 
 Q&A of the Week
Definition of "Occurrence"

A Massachusetts subscriber recently asked the following question:

What is the broadest definition of "occurrence"? Where can I look for other definitions?

ANSWER: "Occurrence" is not defined in the ISO Building and Personal Property Coverage Form. So, we look to the ordinary, plain usage of the word for its definition, such as the court did in Western & Clay, LLC v. Landmark American Ins. Co., No. C09–1423 MJP, 2010 WL 4855879 (W.D. Wash. Nov. 22, 2010).

The court stated that the word "occurrence" is not defined in the policies. Therefore, the court chose to analyze the plain, ordinary, and popular meaning by consulting the dictionary. An occurrence is defined in the dictionary as something that takes place or comes about, and the court found this to be synonymous with an event or incident. Any temporal limitation can only be determined with regard to the specific occurrence and context of that occurrence.

That is a pretty broad definition. As the court noted, whether an event constitutes more than one occurrence is based on the specific facts of the event. Case law would be a good place to look for how courts have interpreted the term and to find those definitions.
  Read More
 
 What's New This Week in FC&S
Film Coverage Form

The Film Coverage Form, CM 00 45 01 13, provides broad coverage for exposed motion picture and magnetic or video tapes, including sound tracks and other sound records. Read More
 
 Litigation Watch
Cooperation Requirement

The insured filed a lawsuit against the insurer seeking a declaration that the insurer was obligated to pay monetary compensation to his then-girlfriend, now-wife, for injuries she incurred when she fell at his workplace. This case is Chandler v. Concord Group Insurance Company, 2015 WL 6395320.

Chandler's girlfriend visited his place of business in May 2009 and tripped on the steps. The insurer was not notified of this incident until February 2010, and requested that Chandler sign a nonwaiver agreement so it could investigate. Chandler refused to sign the agreement and determined that Concord's desire to investigate the claim was in effect a wrongful denial of coverage. In March of 2010, Chandler filed a lawsuit, alleging that Concord had refused to pay the claim. The trial court ruled that Chandler had breached his duty to cooperate with the insurer and granted summary judgment to the insurer. This appeal followed. 
Read More
 
 Fraud of the Week
Personal Property Claim—Washington
AMOUNT $2,500.00


An insured filed a claim that her vehicle was broken into and $25,000 worth of property, including her purse, wedding ring, other jewelry, and a woman's Rolex watch were stolen. Read More
 
   
 FC&S Ask the Experts
Did you realize that the Q&A section of FC&S is made up of questions submitted by subscribers like you?

Paid subscribers to FC&S Online or print FC&S Bulletins are invited to submit insurance coverage questions to the editors. We'll provide a personalized opinion within five business days. (We'll let you know if it will be longer than that. Sometimes we have to gather research or other supporting materials).

Who knows? Your question may be featured (anonymously) in the online Q&A of the Week or as an FC&S update.

Submit your coverage interpretation question right to the editors of FC&S for quick and reliable information. Ask our expert staff a question by clicking here.
 
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FC&S editors regularly conduct web-based demos of the service. Feel free to contact Christine Barlow, cbarlow@alm.com, to set one up! They only take 30 minutes, a small investment of time that will help you learn all that FC&S Online has to offer.
 
 Contact Us
As always, your comments and questions are welcome.

Contact us at:
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Phone: 800-543-0874
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The Zalma Insurance Claims Library
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Insurance Claims: A Comprehensive Guide
The only source you'll need to successfully handle insurance claims from start to finish. More Info
Construction Defects Coverage Guide
Your single-source for identifying, insuring, investigating, prosecuting, and defending cases that result from construction defect claims. More Info
Mold Claims Coverage Guide
This guide will allow you to handle mold insurance claims and litigation resulting from mold or fungi related disputes with confidence. More Info
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FC&S Team
Kelly Maheu, J.D.
Publisher
  Diane W. Richardson, CPCU
Consulting Editor
Christine G. Barlow, CPCU
Managing Editor, FC&S
  Diana B. Reitz, CPCU, AAI
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David D. Thamann, J.D., CPCU, ARM
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  Emily Brunner
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  Tosha Brinkman
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Barry Zalma, Esq., CFE
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  Donna Cozatchy
Creative Director

 
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