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February 4, 2016  

 
 Q&A of the Week
Coverage for Airbag Deployment

A West Virgina subscriber recently asked the following question:

If airbags deploy because of hitting a pothole, is there coverage under a standard personal auto policy? If there is coverage, would it be collision or other than collision?


ANSWER: The majority opinion of courts is that hitting a pothole is a collision with another object, that is, the road. So we agree with that majority opinion. As for the air bags, the coverage under the PAP is for loss (not defined) of the auto and equipment. Airbags are certainly equipment and if they are deployed, they are lost in that they have to be reset in order for them to be usable again. So, we are of the opinion, that this was a direct and accidental loss of auto equipment and since there is no applicable exclusion, the PAP should apply.
 Read More
 
 What's New This Week in FC&S
Equipment Breakdown Coverage Form

In 2007, Insurance Services Office changed the named of the Boiler and Machinery program to Equipment Breakdown. Read More
 
 Litigation Watch
Anti-Stacking Provisions Reviewed

The injured pedestrian and his wife filed a joint complaint with the insurer seeking a declaration as to whether anti-stacking provisions in a BOP and a CGL form limited recovery to $1,000,000 each occurrence limit that the insurer had already paid. This case is Gohagan v. The Cincinnati Insurance Company, 2016 WL 66944. Read More
 
 Fraud of the Week
Crop Insurance Fraud—North Carolina
AMOUNT: $1,000,000+


A North Carolina man has been sentenced to eleven years in prison, three years of supervised release, and over $2.5 million in restitution for crop insurance fraud. 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@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
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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
  Emily Brunner
Online/Print/Production Editor
Susan L. Massmann, CPCU
Managing Editor, Electronic Publications
  Tosha Brinkman
Marketing Manager
Barry Zalma, Esq., CFE
Contributing Editor
  Donna Cozatchy
Creative Director

 
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