Problems viewing this email? Click Here

600px_FCS-IntelligenceTopper-New
February 18, 2016  

 
 Q&A of the Week
Disposal of Garbage and Vandalism

A New York subscriber recently asked the following question:

Tenants in a neighboring building, instead of disposing of their garbage properly, started throwing it from their taller building onto the roof of the insured's building.
Of course the insured did not know that this was going on, and eventually when there was a heavy rain, water could not go down the roof drain as the drain was blocked by all the garbage. Water leaked into the building causing interior building damage.
The claim was reported as vandalism and malicious mischief since tenants of the other building were intentionally throwing their garbage on the insured's roof, but the insurance company has denied the claim, stating this was not a case of vandalism.


ANSWER: We agree that this would not be considered vandalism. ISO property forms state that vandalism means "willful and malicious damage to, or destruction of, the described property." While the inconsiderate neighbors in the next building did intentionally throw their trash on the insured's building, it does not sound like they were maliciously intending to destroy or damage the insured's property.
 Read More
 
 What's New This Week in FC&S
Self-Storage Facilities Coverage Form

The Insurance Services Office (ISO) has developed a market segments program that provides coverages for certain specialty insurance markets. Read More
 
 Litigation Watch
Certificate of Insurance and Status of Additional Insured

The insurer brought an action against the company claiming to be an additional insured under the commercial general liability policy issued to a painting contractor, seeking a declaration that it was not obligated to provide coverage to the company. This case is Cincinnati Insurance Company v. Vita Food Products, 808 F.3d 702 (2015).

Cincinnati Insurance Company issued a general liability policy to Painters USA for a one-year period beginning January 15, 2011. The policy allowed the insured to add an additional insured to the policy by an oral agreement, provided that the oral agreement preceded an occurrence and that a certificate of insurance showing that person or organization as an additional insured has been issued. No permission from the insurer was required. 
Read More
 
 Fraud of the Week
Health Insurance Fraud—Washington
AMOUNT: $6,470


A Washington woman pled guilty to making false claims for health care payments and was sentenced to twenty-four hours community service, $800 in court fees, and $6,470 in restitution to the carrier. 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
293px_FCS_ZalmaComboImage  
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
  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

 
This publication is designed to provide accurate and authoritative information in regard to the subject matter covered. It is sold with the understanding that the publisher is not engaged in rendering legal, accounting or other professional service. If legal advice is required, the services of a competent professional person should be sought.

To ensure future delivery of email, please add admin@list.nationalunderwriter.com
to your address book, contacts or safe sender list.
You have received this email at %%merge members_.emailaddr_%%.
Click here to unsubscribe from %%merge list.descshort%%
Copyright ©2016 The National Underwriter Company, A Division of ALM Media LLC.
All rights reserved.
 
120px_ALM_NT_CMYK_Small
4157 Olympic Blvd., Suite 225
Erlanger, KY 41018
1-800-543-0874