| Q&A of the Week |
Plumbing Leak under Driveway
A Louisiana subscriber recently asked the following question:
This question involves a DWG 3 ISO policy. A toilet overflowed and caused interior damage. The plumber ran a camera and determined there was a break in the line under the driveway. Therefore, the plumber had to trench ten feet under concrete in order to repair the pipes and flush the system. We know the interior damage is covered, but is the trenching covered under the policy?
ANSWER: Yes, there is coverage. Coverage exists for overflow of a plumbing system on the described location, including tear out and replacement of any part of a building or other structure. The driveway is an other structure. Read More |
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| What's New This Week in FC&S |
Exclusion-Injury or Damage From Genetically Modified Crops, Grains, Trees, Animals or Fish
ISO has developed two new exclusions for genetically modified plants, animals, or fish. Read More |
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| Litigation Watch |
Carbon Monoxide Poisoning Not Covered under Texas Law
In this action, the insureds were denied coverage on the basis of the pollution exclusion in their commercial liability umbrella policy. The case is Shaw v. Liberty Mut. Fire Ins. Co., No. 6:15-CV-686-ORL-TBS, 2016 WL 561409 (M.D. Fla. Feb. 12, 2016).
While on vacation the Shaws spent the night at the Boardwalk Inn and Suites, in a first floor room located directly above the parking garage. During the night the Shaws were poisoned by carbon monoxide gas. Several grates that were designed to permit airflow into the parking garage for ventilation had been blocked, causing little airflow in the garage underneath the Shaw room, in turn causing carbon monoxide to concentrate and enter the room above. The Shaws alleged that as a result of the defendants' negligence they were "exposed to an environmental contaminant on the hotel premises" which was deemed to have caused carbon monoxide poisoning, and sought damages for breach of duty, failure to inspect, failure to warn, and failure to take action. At the time of the accident the hotel was owned and operated by Prism Hotel Company, which was insured by Liberty Mutual under a commercial liability policy. Coverage was denied based upon the pollution exclusion in the policy. Read More
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| Fraud of the Week |
Auto Claim Fraud – Washington
AMOUNT: $6,670
A Washington man was sentenced to twenty-four hours of community service and a $1,000 fine for attempting to file a false insurance claim. 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.
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