Problems viewing this email? Click Here November 25, 2014      Q&A of the Week Drones on a Farm Policy A Florida subscriber recently asked the following question: Under the homeowner section of a farm policy, under personal effects it states we do not cover aircraft or their parts. Does a camera drone qualify as an aircraft? It is used to fly over the crop fields and photograph crop conditions. It is remote control operated. The policy states. 2. Under coverage B we do not cover: a. automobiles, aircraft or their parts; ANSWER: Looking at the ISO FP 00 90 10 94 (you may have a different form), this form excludes aircraft and aircraft parts and does not make any exceptions or allowances for particular types of craft. Merriam Webster Online defines "aircraft" as "a machine (such as an airplane or a helicopter) that flies through the air"; "drone" is defined as "an unmanned aircraft or ship guided by remote control or onboard computers." Read More    What's New This Week in FC&S Commercial Crime Policy The crime program from Insurance Services Office (ISO) was updated in 2013. While many changes were made for clarification, there are some new sections. Read More    Litigation Watch Additional Insured Status and Umbrella Policy The property owner's assignee brought an action against the contractor's liability insurer to recover for bad faith refusal to defend and indemnify the owner as an additional insured in connection with the assignee's bodily injury claim. This case is Lewark v. Davis Door Services, Inc., 321 P.3d 274 (Wash. App. 2014). Public Storage contracted with Davis Door to perform work at its facilities. The contract required Davis Door to maintain a commercial general liability policy that insured Public Storage during the entire progress of the work. Davis Door took out a general liability policy and an umbrella policy with American States Insurance Company. In October 2006, Davis Door performed repair work on a door at a Public Storage facility. In December 2006, Lewark attempted to open the door and injured her back. She sued Public Storage and Davis Door. Public Storage settled with Lewark and she then settled with Davis Door. However, Lewark then sued Davis Door and American States as assignee of Public Storage; Public Storage claimed it was an additional insured under the umbrella policy and American States breached the contract by failing to defend and indemnify Public Storage. The trial court dismissed Lewark's lawsuit and found that Public Storage was not an additional insured under the umbrella policy. This appeal followed. The Court of Appeals of Washington, Division 1, noted that the threshold issue in the case is whether Public Storage is an additional insured under the umbrella policy. The question turned on the additional insured language in the umbrella policy and the insurance requirement in the agreement between Public Storage and Davis Door. The agreement required the contractor to procure and maintain during the entire progress of the work a general liability policy and an umbrella policy. The umbrella policy stated that insured persons or entities included any person or organization for which an insured is required by virtue of a written contract to provide insurance, but this is only with respect to operations by or on behalf of the insured and only to the extent of the limits of insurance required by that contract. 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 The Zalma Insurance Claims Library   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   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

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