Problems viewing this email? Click Here December 4, 2015      Q&A of the Week Third Party Property Damage Claim We are currently handling a third party property damage claim under Business Owners Liability Coverage Form BP 00 06 01 97. This loss arises out of a fire at our insured location. A claim is being made by a nearby business for the cost to refill its water tank that was used to run its business. During the fire the fire department asked to use its water tank supply in order to help put out the fire at our location. The claimant had to pay to have water shipped in to refill the water tank so that the business could continue to do business as normal. Would there be coverage to pay for the cost to replace the water in question if our insured is liable in this matter? ANSWER:If the insured is liable (and that is a big if), there is no exclusion to prevent coverage. But even if the insured is liable, you have to check to see if the definition of property damage has been met in this instance. Paying to refill a water tank sounds like more of an economic loss as opposed to physical injury to tangible property, and a pure economic loss does not meet the definition of property damage on the form. Read More    What's New This Week in FC&S Mortgageholders Errors and Omissions Form Errors and omissions coverage for mortgagees—banks, building and loan associations, insurance companies, and other financial institutions—protects against impairment of the mortgagee's own security through lack of physical damage insurance on the mortgaged property. Read More    Litigation Watch Business Pursuits Exclusion In this declaratory judgment action, the insurer appeals from a judgment from the trial court that, pursuant to the terms of a personal umbrella insurance policy, the insurer had a duty to defend and indemnify the insured. This case is Nationwide Mutual Insurance Company v. Pasiak, 2015 WL 6688097. Socci was an employee of Pasiak Construction Services. One day while she was working alone at the office, a masked intruder entered the office and demanded that she open the safe. When she said she could not provide the intruder with the combination, he threatened her and her family. Read More    Fraud of the Week Theft Fraud—Louisiana AMOUNT: Unknown An Alexandria man who reported his 4-wheeler as stolen was arrested on one count of filing a false police report and one count of insurance fraud. He reported the vehicle stolen on July 30, 2014. 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@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   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

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