| Q&A of the Week |
Personal Auto Accident Question
An Iowa subscriber recently asked the following question:
Under a personal auto policy we have a situation in which our insured struck the rear of another vehicle, panicked, and immediately put the car in reverse and backed into the vehicle behind them. I am of the opinion that there is no intervening cause, and it would be one loss. Would you interpret this as one or two occurrences?
ANSWER: The standard PAP pays for damages resulting from an auto accident, so the number of occurrences is not the point under the standard PAP. Since the policy does not define an accident, you might want to consider the police report for an answer. If the police designate this as one accident or two accidents, that should clarify the situation. Read More |
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| What's New This Week in FC&S |
Navigating the Complexities of Advertising Coverage
When most of us think of advertising, we conjure up an image of the troubled yet brilliant Don Draper of "Mad Men" creating the perfect print or television ad to sell a client's product. The scope of what is considered advertising under a commercial general liability policy, however, can reach beyond what even Don Draper could imagine. Read More |
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| Litigation Watch |
Disclaimer of Coverage Delay
The insurer filed a motion for summary judgment against its insured, seeking a declaration that it had no duty to defend or indemnify the insured in an underlying case where default judgment was previously granted against the insured. This case is Montpelier U.S. Insurance Company v. 240 Mt. Hope Realty Company, 2015 WL 6395949.
The insured owns and operates an apartment building and the insurer (MUSIC) issued a general liability policy on the building. On January 7, 2013, the insured was sued based on allegations that a pit bull belonging to a tenant in the building had bitten a child. Default judgment was granted against the insured on July 8, 2013. MUSIC received notice of the underlying claim and the default judgment on August 19, 2013. Thereafter, MUSIC retained counsel who then successfully moved to vacate the default judgment on November 18, 2013. However, an appeals court later reinstated the default judgment. Read More
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| Fraud of the Week |
Auto Fraud—New York
AMOUNT: Unknown
A police officer found driving fancy cars expensive and turned to his auto policy to help him out. Read More
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| 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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