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 |
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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 |
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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
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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
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FC&S Ask the Experts |
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