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February 26, 2015  

 
 Q&A of the Week

Condominium Endorsement and Coverage for Water Loss

A Massachusetts subscriber recently asked the following question:

We have several owned, but rented out condominium units insured with a BP 00 03 07 02. Each unit needs $100,000 in interior structure coverage to cover finished walls, flooring, additions, and alterations due to an all-in master policy with a $100,000 water loss deductible.

If there is a water claim within the owner's unit under the BP 00 03 07 02 policy, would the BP 17 03 07 02, Condominium Commercial Unit-Owners Optional Coverages endorsement, cover the loss?

ANSWER:The BP 17 03 form states that condominium property that is not included under business personal property and pertains to the insured's condo only or that the insured has a duty to insure according to the condo association agreement is added to covered property if a limit of insurance is shown in the schedule and the unit is described in the schedule. So, yes, if the units meet the criteria listed, items that are not considered business personal property would be covered by the endorsement.
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 What's New This Week in FC&S
Processors Coverage Form
The Insurance Services Office has developed a series of nonfiled inland marine coverage forms. This article discusses the Processors Coverage Form, IH 00 93 12 13. The insuring agreement, the exclusions, and other parts of the form are listed and analyzed. Read More
 
 Litigation Watch
Causal Connection Between Workplace Accident and Injury

The employer appealed an award of workers compensation benefits to an employee who claimed to have been injured on the job. This case is Giant Food LLC v. Wu, No. 1393-12-4, 2013 WL 793352 (Va. App. Mar. 5, 2013).

Wu was working as a cashier at Giant Food when she took a break. On her way to the bathroom, her purse caught on a merchandise hook hanging from a shelf. Wu lost her balance and fell. She was taken to the hospital, complaining of pain in her left knee, arm, and shoulder. An x-ray of her arm showed a fracture of her left humerus.

After returning to work, Wu continued to have pain in her knee and a limited active range of motion. A doctor diagnosed her with a left distal radius fracture but did release her to full duty work. However, Wu did not return to work; instead, she filed for workers compensation benefits. The deputy workers comp commissioner denied benefits to Wu, finding that her injuries did not arise out of her employment, but on appeal, the full commission reversed the denial. The commission stated that the injuries arose out of Wu's employment because a causal connection existed between her workplace and her injuries since her employment placed her in the aisle, and in walking to the bathroom, Wu had to maneuver around a cart and then confronted a workplace hazard, the shelf hook. The employer appealed this decision to the Court of Appeals of Virginia, Alexandria.
 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@ SummitProNets.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
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Email: eAlerts@nuco.com
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
For more information about these titles Click Here
 
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
Consulting Editor
David D. Thamann, J.D., CPCU, ARM
Managing Editor, FC&S Bulletins
  Emily Brunner
Online Print/Production Editor
Susan L. Massmann, CPCU
Managing Editor, Electronic Publications
  Tosha Brinkman
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Donald S. Malecki, CPCU
Contributing Editor
  Donna Cozatchy
Creative Director
Barry Zalma, Esq., CFE
Contributing Editor
 
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