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December 18, 2014  

 
75px_malecki   Remembering Don Malecki

The insurance world in general and the National Underwriter Company in particular have lost a colleague and a friend. Don Malecki passed away on Friday, December 12th. Read More
 Q&A of the Week

Cancellation of Package versus Standalone Policy

A New York subscriber recently asked the following question:

I have a client who has a package auto, home, and umbrella policy. The client recently sold his vehicles and no longer needs to obtain the auto coverage.

Our client has requested to cancel his New York automobile policy (that is insured under a New York package policy). The client still wishes to continue the home coverage.

However, the company said that because the insured no longer has the auto coverage with them, they have to cancel the home policy. We sent the request to just cancel the auto portion of the policy and request to keep the home, but the company said they are cancelling the home.

I was under the assumption by New York state law that a company cannot do this. Please advise if this is legal for a carrier to do this.

ANSWER: Package policies are different than standalone policies and are often contingent on the insured having all the property in a package to cover. Without the auto, the policy no longer qualifies for a true package policy; the carrier may be able to convert it to a standalone policy, but if they do not offer lone homeowners forms, then their only option is to cancel unless the insured is willing to add a named nonowner policy to the package to cover the auto portion. We are not lawyers and cannot provide legal advice; we suggest you consult an attorney or the state insurance department. Read More

 
 What's New This Week in FC&S
Insurance, Ebola, and Viruses
In 2012 H1N1 was the medical issue taking the world by storm. People feared a pandemic and what that would do to the economy and society as a whole. In 2014, the feared disease was Ebola: harder to spread, but much more deadly once contracted. As of October 10, 2014, the World Health Organization reported close to 8,399 cases and 4,035 deaths due to Ebola, a nearly 50 percent mortality rate. Most of the cases have been in Africa. Read More
 
 Litigation Watch
Coverage for a Mortgagee

The insured's mortgagee brought an action against the insurer to recover for a fire loss to a vacant building. This case is SWE Homes, LP v. Wellington Ins. Co., 436 S.W.3d 86 (Tex. App. 2014).

Sadberry purchased a residential property with a mortgage from SWE. He insured the home with Wellington Insurance Company. The policy contained a mortgage clause and a vacancy clause. The vacancy clause prohibited coverage for damage to the dwelling if the insured building is vacant for sixty consecutive days immediately before a loss.

The property was damaged in a fire and Sadberry filed a claim. However, after Sadberry admitted that the property had been vacant for over a year prior to the fire, the insurer denied coverage. SWE then filed a claim pursuant to the mortgage clause. When Wellington failed to respond, SWE filed a lawsuit. The district court entered summary judgment for the insurer and this appeal followed.

Wellington argued that there was no covered loss since the property had been left vacant for over sixty consecutive days immediately before the loss. SWE argued that under the policy, coverage for the mortgagee could not be defeated by the mortgagor's actions triggering the vacancy clause when SWE had no knowledge of those actions. So, the court of appeals of Texas, Houston, said that the only real dispute here revolves around whether SWE's claim under the mortgage clause is defeated by operation of the policy's vacancy clause. 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@ 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
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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
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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
  Katherine S. Caudill, J.D.
Manager of Product Development
Susan L. Massmann, CPCU
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  Emily Brunner
Online Print/Production Editor
Donald S. Malecki, CPCU
Contributing Editor
  Tosha Brinkman
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Barry Zalma, Esq., CFE
Contributing Editor
  Donna Cozatchy
Creative Director
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