Problems viewing this email? Click Here January 14, 2016      Q&A of the Week PAP Exclusions We have an insured with a PP 00 01 personal auto policy who rented his 99 Dodge Ram truck to a construction company to use while the company's vehicle was inoperable. We have confirmed that money exchanged hands during this transaction. We do not think there would be coverage for this type of exposure under our liability policy based on exclusions 5 and 7 in the PAP. What is your opinion? ANSWER: Exclusion 7, maintaining or using a vehicle while the insured is employed or otherwise engaged in any business not described in exclusion 6, may be applicable to this situation. The liability coverage is not there for "that insured" using the vehicle in a business such as this unless the Ram truck is considered to be a pickup. In that case, the exclusion does not apply. Exclusion 5, the public or livery exclusion, may be applicable based on the use of the vehicle. If the truck is being used to deliver items to customers or a construction site, that can be seen as a livery conveyance since it is being used to deliver legal possession of property. However, if the truck is just being used by the foreman or a worker to get to the place of business, that is not a public or livery conveyance, and the exclusion does not apply. So, the bottom line is that you have to check on the circumstances of this transaction.  Read More    What's New This Week in FC&S Business Continuity Planning Guide While insurance professionals often think of how to help insureds protect themselves from damage from disasters, it is easy for the insurance professional to forget to secure the office. Read More    Litigation Watch Occupying a Vehicle The insured, who was struck while running from his stalled vehicle, brought an action against the auto insurer to recover uninsured/underinsured motorist (UM/UIM) benefits under his father's auto policy. This case is Darno v. Davidson, 34 N.E.3d 967 (2015). Darno was driving with his friends when the vehicle stalled. Darno and friends exited the car and was pushing the car when another vehicle driven by Davidson approached. Darno began running away from his car and after taking only a couple of steps, Darno was struck by the Davidson vehicle. Read More    Fraud of the Week Arson Fraud—Rhode Island AMOUNT: Unknown A landlord was sentenced to three-and-a-half years in federal prison for setting fire to a building he owned. 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.    Maximize Your FC&S  Online Subscription! 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: FC&S Department Phone: 800-543-0874 Fax: 859-692-2293 Email: eAlerts@nuco.com The Zalma Insurance Claims Library   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 For more information about these titles Click Here

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