Problems viewing this email? Click Here
|
 |
|
|
October 16, 2014 |
|
|
| Q&A of the Week |
Lava Flow and Earthquake Exclusion
A Hawaii subscriber recently asked the following question:
Under the HO-3 and DP-3 is lava flow excluded based on the landslide/earth movement exclusion?
2. Earth Movement
Earth Movement means:
a. Earthquake, including land shock waves or tremors before, during or after a volcanic eruption;
b. Landslide, mudslide or mudflow;
c. Subsidence or sinkhole; or
d. Any other earth movement including earth sinking, rising or shifting;
caused by or resulting from human or animal forces or any act of nature unless direct loss by fire or explosion ensues and then we will pay only for the ensuing loss. This Exclusion A.2. does not apply to loss by theft.
ANSWER: Merriam-Webster defines "earth" as "the fragmental material composing part of the surface of the globe; especially: cultivable soil. Soil is defined as firm land: earth; 2a: the upper layer of earth that may be dug or plowed and in which plants grow b: the superficial unconsolidated and usually weathered part of the mantle of a planet and especially of the earth; a medium in which something takes hold and develops." Read More |
| |
| What's New This Week in FC&S |
Dry Cleaning and Laundry Facilities
This ISO Market Segments Program provides specialized coverage for dry cleaning and laundry exposures. The specialized form is attached to standard coverage forms, providing wrap-around modifications specifically tailored for laundries and dry cleaners. Read More |
| |
| Litigation Watch |
Wrongful Entry or Eviction Claim and Coverage under Excess Liability Policy
An insurer commenced this action seeking a declaratory judgment that it did not have a duty under excess public entity liability insurance policies to defend an underlying action. This case is Lexington Ins. Co. v. St. Bernard Parish Gov't, 548 Fed. Appx. 176 (2013).
After Hurricane Katrina flooded virtually every structure in St. Bernard parish, the parish passed an ordinance condemning 5,731 structures in disrepair, thereafter demolishing many of them. In response, seventy property owners sued St. Bernard in various state court actions alleging that St. Bernard had wrongfully demolished or damaged their property.
St. Bernard sought defense and indemnity for these lawsuits under three consecutive Lexington insurance policies. Lexington did not assume the defense but rather brought this action seeking a declaratory judgment, requesting a declaration that the $250,000 retained limit applied separately to each alleged demolition or property damage asserted in the underlying actions. Under that theory, no defense would be owed as no property had a value exceeding $250,000.
The trial court granted judgment for the insured and this appeal followed. 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@ SummitProNets.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 |
|
|
|
|
| FC&S Team |
Kelly Maheu, J.D.
Publisher
|
|
Diane W. Richardson, CPCU
Consulting Editor
|
Christine G. Barlow, CPCU
Managing Editor, Professional Publishing
|
|
Diana B. Reitz, CPCU, AAI
Consulting Editor
|
David D. Thamann, J.D., CPCU, ARM
Managing Editor, FC&S Bulletins
|
|
Katherine S. Caudill, J.D.
Manager of Product Development
|
Susan L. Massmann, CPCU
Managing Editor, Electronic Publications
|
|
Karen L. Combs
Assistant to the Editors
|
Donald S. Malecki, CPCU
Contributing Editor
|
|
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%%.
©2014 Summit Professional Networks, All rights reserved. Privacy Policy |
|
 |
4157 Olympic Blvd., Suite 225
Erlanger, KY 41018
1-800-543-0874 |
|
|
|
|
|
|
|