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June 11, 2015  

 
 Q&A of the Week

Flood Definition Clarified

A Texas subscriber recently asked the following question:

A commercial endorsement defines "flood" as follows:

A general and temporary condition of partial or complete inundation of two or more acres of normally dry land or of two or more properties (at least one of which is your property) from

b. Unusual or rapid accumulation or runoff of surface waters from any source Insured had building water intrusion from surface runoff ofless than two acres of water inundation of normally dry land, but another property not adjacent or contiguous—not directly connecting or neighboring but several properties away from insured—also sustained dwelling loss by runoff ofwater from the same storm. To qualify as flood, do the two properties that sustain damage need to be connected properties or directly next to each other?


ANSWER: Unfortunately, the definition does not make it clear whether the properties must be connected. Our inclination is that they do not need to be adjacent because the definition does not say so. However, that leaves a lot up to interpretation, such as how far away can two properties be to qualify?
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 What's New This Week in FC&S

Physicians and Surgeons Equipment Coverage Form

Three basic categories of property are insured under the Physicians and Surgeons Equipment Coverage Form, CM 00 26 01 13: professional medical, surgical, and dental equipment; office equipment; and the tenant-insured's interest in improvements and betterments. As with the rest of the commercial inland marine program of the Insurance Services Office, the property is insured on an open perils basis, subject to the exclusions listed on the form. Read More

 
 Litigation Watch
Carrier for Hire Exception Applicability

The insured sued its insurer after the insurer denied coverage for a claim for stolen product. This case is Warehouse Wines & Spirits v. Travelers Property Casualty Company of America, 2015 WL 1454883.

The insured operates a wine and spirits retail store and utilizes public warehouses to store excess inventory. The insured entered into a business relationship with Ceseretti to warehouse merchandise at a facility in New York. Ceseretti owned two companies: Bestway Logistics Transportation and Bestway Warehouse & Transportation..

Over time, Warehouse Wines discovered a loss from the warehouse of about 4,000 cases of liquor estimated to be worth about $1,200,000. Ceseretti was arrested and charged with theft. He pled guilty to grand larceny. Warehouse Wines filed a claim with its property insurer, Travelers, for the loss. Travelers denied coverage based on policy's dishonest acts exclusion. The insured filed this lawsuit seeking a motion for summary judgment against the insurer.
 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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 Contact Us
As always, your comments and questions are welcome.

Contact us at:
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Phone: 800-543-0874
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The Zalma Insurance Claims Library
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Your single-source for identifying, insuring, investigating, prosecuting, and defending cases that result from construction defect claims. More Info
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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
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David D. Thamann, J.D., CPCU, ARM
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  Emily Brunner
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  Donna Cozatchy
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Barry Zalma, Esq., CFE
Contributing Editor
 
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