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 |
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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 |
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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
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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
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FC&S Ask the Experts |
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Contact us at:
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