Problems viewing this email? Click Here

600px_FCS-IntelligenceTopper-New
April 21, 2016  

 
 Q&A of the Week
Protective Safeguards and Nonrelated Causes of Loss

A Virginia subscriber recently asked the following question:

We are working on a commercial claim insured under a BP 00 03 with a protective safeguards endorsement, BP 04 30. The endorsement and dec page are clear, and there are no questions about that per se, but the question is whether a failure to abide by one or more of the required safeguards would preclude damage from a cause of loss not related to anything to do with the safeguards? For instance, water leaking in from the roof damaging the ceiling would not necessarily have anything to do with the fire suppression or burglar alarm, so would coverage be declined for the water damage because one or more of the safeguards was not in place?


ANSWER: The BP 04 30 endorsement states only that fire losses would be excluded if the insured knows of any suspension or impairment of the required protective safeguard or if the insured failed to maintain the protective safeguard. So, other losses not specified in the endorsement would not be excluded if the protective safeguard was not maintained. 
Read More
 
 What's New This Week in FC&S
Autonomous Vehicles

The topic of driverless cars has caught the imaginations of many people. Who wouldn't want to relax as his car drove him to work, then parked itself? Read More
 
 Litigation Watch
Anticoncurrent Causation Coverage Dispute

The insureds brought an action against the insurer to recover for damage to an in-ground swimming pool that floated out of the ground due to heavy rains and the failure of the pressure-relief valve. This case is Bozek v. Erie Insurance Group, 2015 IL App 2d 150155.

Following a rainstorm, the Bozeks incurred damage to their in-ground swimming pool. The pool had been emptied to clean debris making it susceptible to uplift, and indeed, that is what happened. The pool lifted up because the ground water pressure pushed the pool upward, and the pool was damaged to the point that it had to be replaced in its entirety. The heaving of the pool also damaged the concrete slab around the pool. 
Read More
 
 Fraud of the Week
Auto Fraud – Arkansas
AMOUNT: Unknown


An Arkansas man has been sentenced to thirty months in jail for insurance fraud. He had purchased a vehicle on April 13, 2015, and reported it stolen April 30, 2015. 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
293px_FCS_ZalmaComboImage  
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
Marketing Manager
Barry Zalma, Esq., CFE
Contributing Editor
  Donna Cozatchy
Creative Director

 
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.

To ensure future delivery of email, please add admin@list.nationalunderwriter.com
to your address book, contacts or safe sender list.
You have received this email at %%merge members_.emailaddr_%%.
Click here to unsubscribe from %%merge list.descshort%%
Copyright ©2016 The National Underwriter Company, A Division of ALM Media LLC.
All rights reserved.
 
120px_ALM_NT_CMYK_Small
4157 Olympic Blvd., Suite 225
Erlanger, KY 41018
1-800-543-0874