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May 13, 2016  

 
 Q&A of the Week
Personal Property in Detached Trailer Considered Temporarily Stored?

A Puerto Rico subscriber recently asked the following question:

Our insured has a warehouse operation. A common carrier arrived late at the warehouse and detached the trailer within 100 feet of the insured building. That trailer's goods were not unloaded to the warehouse that day because the trailer arrived minutes before closing hours. During that night the trailer was stolen. The personal property inside the trailer was valued at $200,000.
The insured has form CP 00 10 10 12, Building and Personal Property Coverage Form. Does the $10,000 limitation under the coverage extension for business personal property temporarily in portable storage units apply to this situations? The clause includes detached trailer. Do you consider this an unloaded trailer with goods being temporally stored? The form reads as follows:

5. Coverage Extensions
Except as otherwise provided, the following Extensions apply to property located in or on the building described in the Declarations or in the open (or in a vehicle) within 100 feet of the described premises.
g. Business Personal Property Temporarily In Portable Storage Units
(1) You may extend the insurance that applies to Your Business Personal Property to apply to such property while temporarily stored in a portable storage unit (including a detached trailer) located within 100 feet of the building or structure described in the Declarations or within 100 feet of the premises described in the Declarations, whichever distance is greater.
(4) Under this Extension, the most we will pay for the total of all loss or damage to business personal property is $10,000 (unless a higher limit is indicated in the Declarations for such Extension) regardless of the number of storage units.


ANSWER: The situation you describe would fit the parameters of the coverage extension. Since the extension explicitly states that a detached trailer is included as a portable storage unit, the goods were meant to be unloaded at the warehouse—so were temporarily stored—and the trailer was located within 100 feet of the building, the extension should apply.
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 What's New This Week in FC&S
Unmanned Aircraft Property And Cargo Coverage Form

With the surge in popularity of unmanned aircraft, such as drones, the Insurance Services Office (ISO) has developed a form—Unmanned Aircraft Property And Cargo Coverage, IH 00 61 01 16—to address the coverage needs of these type of craft. Read More
 
 Litigation Watch
Lead Paint as a Pollutant

The insurer brought an action against the insured for a declaratory judgment that lead paint ingested by a child was a pollutant. This case is Georgia Farm Bureau Mutual Insurance Company v. Smith, 2016 WL 1085397.

The Supreme Court of Georgia granted a petition for certiorari to the Court of Appeals to determine whether the Court of Appeals erred in holding that personal injury claims arising from lead poisoning due to lead-based paint ingestion were not excluded from coverage pursuant to an absolute pollution exclusion in a commercial general liability policy.
 Read More
 
 Fraud of the Week
Auto Fraud – Oklahoma
AMOUNT: $28,068


Arrest warrants have been issued for two men for insurance fraud. A 2014 Chevy pickup truck was reported stolen in December 2014. The claim was settled for $28,068. 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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Contact us at:
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The Zalma Insurance Claims Library
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  Diane W. Richardson, CPCU
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