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September 1, 2016  

 
 Q&A of the Week
Theft or Vandalism Damage?

A Virginia subscriber recently asked the following question:

Applicable policy is a CP 00 10 10 91, Special Cause of Loss form. It is endorsed with a Theft Exclusion, CP 10 33 11 85. The insured's building was broken into and the floor safe was sledgehammered. The point of sale cash register was also pried open and the telephone lines were cut and the surveillance cameras damaged. We have issued partial denial for cash stolen and anything related to the business personal property damaged as result of the theft, but the insured feels damage to the point of sale system cash register and cameras that were damaged in the course of the theft should be covered, as the insured considers that damage vandalism.


ANSWER: The Theft Exclusion endorsement states, "We will not pay for loss or damage caused by or resulting from theft." An exception is made for building damage caused by the breaking in or exiting of the burglars. The prying open of the cash register would be considered damage resulting from theft. This is not vandalism—maliciously destroying the cash register—but the burglars trying to get the cash out of it. The camera damage is a little more on the fence. The cameras were most likely damaged to prevent them from taping the burglary, which is still not vandalism. Vandalism is generally characterized as damage done for no purpose but to destroy property, whereas the damage you describe is incidental to the burglary.
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 What's New This Week in FC&S
Public or Livery Passenger Conveyance and On-Demand Delivery Services Exclusion

In light of all of the ridesharing headlines in the news recently, ISO created two endorsements that are effective November 1, 2016. Read More
 
 Litigation Watch
Blanket Additional Insured Endorsement

The general contractor brought an action against the subcontractor and the subcontractor's liability insurer seeking a declaration that it was an additional insured under the subcontractor's policy, and that the insurer was obligated to defend it in an underlying personal injury lawsuit by the sub-subcontractor's employee. This case is Mecca Contracting v. Scottsdale Insurance Company, 140 A.D.3d 714 (2016).

Mecca was the general contractor on a construction project and hired Salcora Construction to perform certain work on the project. Mecca entered into a contract with Salcora wherein Salcora agreed to purchase liability insurance and list Mecca as an additional insured. Salcora purchased a general liability policy from Scottsdale.
 Read More
 
 Fraud of the Week
Workers Compensation Fraud – Washington
AMOUNT: $100,000


A former corrections officer in Tumwater, Washington, is accused of holding three security jobs while claiming that an on-the-job injury was so severe that he could not work. 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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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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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
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  Tosha Brinkman
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Barry Zalma, Esq., CFE
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  Donna Cozatchy
Creative Director
Hannah Smith, J.D.
Staff Writer
 
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