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September 3, 2015  

 
 Q&A of the Week

Dust as Property Damage

A Connecticut subscriber recently asked the following question:

Under a commercial general liability policy, we have the following situation. The insured was hired to remove old flooring and replace it with new flooring. The removal of the old flooring caused excessive dust in the claimant's home. Is dust considered property damage?

ANSWER: Dust itself is not property damage, but if it caused physical injury to tangible property or if it caused a loss of use of tangible property, then PD would occur. 
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 What's New This Week in FC&S

Residence Premises Definition Endorsements

ISO has developed several new endorsements for the homeowners program that change the definition of "residence premises" and is effective October 1, 2015. Most states are adopting the forms in October, although some are waiting until 2016. Read More

 
 Litigation Watch
Assault and Battery Exclusion

This cause was before the court on a motion for summary judgment. The case is Seneca Specialty Insurance Company v. 845 North, 2015 WL 3400415.

Seneca Specialty Insurance filed this action seeking a determination that its insurance policy does not provide coverage for claims arising from a nightclub shooting. Two people allege that, while at the nightclub owned and operated by 845 North, they were assaulted and shot on the premises, suffering serious bodily injury and permanent disfigurement. The two men filed a lawsuit, alleging negligence, claiming that 845 North failed to provide adequate security and failed to warn its invitees and the public of the numerous criminal incidents that had previously occurred on its premises.

The insured sought coverage from Seneca, its insurer. The insurer disclaimed coverage and sought a declaratory judgment that it had no duty to defend or indemnify 845 North. The insurer said that the assault, battery or assault and battery exclusion and the weapons exclusion prevented coverage for the claims.
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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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
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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
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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
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

 
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