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March 19, 2015 |
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| Q&A of the Week |
Business Income Loss Caused by Sagging Floor
An Ohio subscriber recently asked the following question:
The landlord shut down the insured's restaurant due to structural repair. Per the insured, repairs were necessary because the weight of items on the second floor–the floor the insured occupies–was causing the floor to sag. The insured's claim is for loss of revenue due to this building renovation.
Is there coverage under the CP 00 10 04 02, Building and Personal Property Coverage Form; CP 10 30 04 02, Causes of Loss – Special Form; or CP 00 30 04 02, Business Income (And Extra Expense) Form?
ANSWER: The loss of business income due to the shutdown would not be covered. It does not sound like the insured suffered a fortuitous loss but that it is more of a maintenance issue for which the forms you listed do not provide coverage. Read More |
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| What's New This Week in FC&S |
Reducing Cyber Risk Exposures: 8 Category Coverages to Consider
The everyday use and reliance on the computer for today's businesses is a generally accepted way of life. Computers handle business transactions ranging from the purchase of $10 in gasoline at the local station to the purchase of a $10 billion manufacturing company. The use of computers helps to smooth the flow of business. Read More |
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| Litigation Watch |
Endorsement Language Prevails
The insurer filed a motion for summary judgment seeking a declaration that it had no duty to defend or indemnify the insured in a case brought against the insured based on a charge that the insured was negligent in failing to protect its patrons. This case is George v. Great Lakes Reinsurance (UK) PLC, No. CV-14-557, 2015 Ark. App. 36 (Ark. App. Jan. 28, 2015).
George owns a facility in Arkansas that is rented out for dances, parties, and other events. At one of the events, a gunman fired into the crowd and injured several people. Two of those injured filed a lawsuit against George alleging that George was negligent in failing to protect them; the two sought compensatory and punitive damages.
George sent the lawsuit to his insurer, Great Lakes Reinsurance, and sought defense and indemnification. The insurer declined coverage based on an endorsement to the general liability policy that excluded coverage for expected or intended injury and assault and battery. This exclusion applied to bodily injury or property damage arising out of assault or battery, or out of any act or omission in connection with assault or battery, or with the prevention or suppression of an assault or battery. The insurer filed a motion for summary judgment and asked the court to order that George had no coverage under the policy. The trial court granted the insurer's motion and this appeal followed. Read More
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| 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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| 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 |
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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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| For more information about these titles Click Here |
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| FC&S Team |
Kelly Maheu, J.D.
Publisher
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Diane W. Richardson, CPCU
Consulting Editor
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Christine G. Barlow, CPCU
Managing Editor, FC&S
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Diana B. Reitz, CPCU, AAI
Consulting Editor
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David D. Thamann, J.D., CPCU, ARM
Managing Editor, FC&S Bulletins
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Emily Brunner
Online Print/Production Editor
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Susan L. Massmann, CPCU
Managing Editor, Electronic Publications
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Tosha Brinkman
Marketing Manager
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Donald S. Malecki, CPCU
Contributing Editor
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Donna Cozatchy
Creative Director
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Barry Zalma, Esq., CFE
Contributing Editor
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This publication is designed to provide accurate and authoritative information in regard to the subject matter covered. It is sold with the understanding that the publisher is not engaged in rendering legal, accounting or other professional service. If legal advice is required, the services of a competent professional person should be sought.
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