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June 26, 2015  

 
 Q&A of the Week

Flood Damage to Vehicle Parts in House

An Arkansas subscriber recently asked the following question:

Our insured recently sustained a flood loss to their home. Prior to the flood, the insured had removed the rear seats of their Lexus SUV and they were sitting on the floor of the garage and were damaged by the flood waters.

The flood adjuster has advised the insured that there was no coverage under the flood policy as they are parts of the insured vehicle and therefore excluded.

We are questioning the denial as the seats were no longer part of the vehicle but sitting on the floor so does that not make them contents?


ANSWER: The flood policy excludes motor vehicles and their equipment and parts; so even though the seats were removed and were in the premises, they are still parts to a motor vehicle, and as such are excluded. The denial is correct.
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 What's New This Week in FC&S

Status of Wall-to-Wall Carpet, Drapes, and Lighting Fixtures

There are a number of items common to daily living that cause difficulty to insurers and their customers because it is not certain whether damage to such items should be covered by insurance on the dwelling or by that on dwelling contents. Read More

 
 Litigation Watch
Receivership and Uninsured Motorist Coverage

The insured brought an action against the auto insurer to recover uninsured motorist (UM) benefits pursuant to her personal auto policy. This case is McHone v. State Farm Mutual Automobile Insurance Company, 2015 WL 2151776.

A collision occurred between McHone and Whirley. Whirley was driving a tractor trailer owned by Diamond Express. At the time of the accident, McHone was insured with State Farm and her auto policy contained UM coverage for $100,000. Diamond Express was insured through Gramercy Insurance Company with liability limits of $1,000,000. Both policies were in effect at the time of the accident.

McHone suffered extensive injuries with her injuries exceeding $800,000. She sued Diamond Express but prior to trial, the trucking company's insurer, Gramercy, was placed into rehabilitation by order of the court. The rehabilitator issued an automatic stay with respect to any actions. McHone's lawyer then began negotiations with Gramercy's receivership claims administrator. As a result of those negotiations, McHone agreed to settle her claims against Diamond Express for $300,000. Gramercy was later liquidated.
 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:
FC&S Department
Phone: 800-543-0874
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The Zalma Insurance Claims Library
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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
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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
Consulting Editor
David D. Thamann, J.D., CPCU, ARM
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  Emily Brunner
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  Tosha Brinkman
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  Donna Cozatchy
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Barry Zalma, Esq., CFE
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