| Q&A of the Week |
Damage Caused by Bears
An Indiana subscriber recently asked the following question:
If a bear damages the siding on the insured's garage, would this be covered under the homeowner's policy? Would the bear be considered a vermin?
ANSWER: It depends on what policy form you are using. The ISO HO 00 03 10 00 excludes birds, vermin, rodents, and insects. Exclusions are to be read narrowly, and Merriam Webster online defines "vermin" as "a: small, common, harmful, or objectionable animals (as lice or fleas) that are difficult to control; b: birds and mammals that prey on game; c: animals that at a particular time and place compete (as for food) with humans or domestic animals."
The Cambridge Advanced Learner's Dictionary considers "vermin" as "small animals and insects that can be harmful and difficult to control when they appear in large numbers."
Keeping the exclusion for vermin in context with the rest of the exclusion, which is birds, rodents, and insects, bears are nothing like any of those categories, so we would not consider bears to be vermin. The loss should be covered. Read More |
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| What's New This Week in FC&S |
Hot Air Balloon Insurance
Hot air balloons tend to attract attention when they are in the air. They are large, colorful, and often fairly close to observers, making the encounter a real treat for those on the ground. Read More |
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| Litigation Watch |
Comments on the Assault and Battery Exclusion
Kinsale Insurance Company brought an action seeking a declaration that its insurance policy did not require it to defend or indemnify an insured in a lawsuit arising from an alleged battery. This case is Kinsale Insurance Company v. Mojoes of Joliet, 2016 WL 3075097.
Mojoes owns, operates, manages, and maintains an entertainment facility and bar in Joliet. At all times relevant to the complaint, Saunders was employed by Mojoes as a security guard. Kiebles was in the bar one night when Saunders allegedly used physical force and violence to remove Kiebles from the bar, and then continued to assault and batter him on the public walkway outside of Mojoes. Read More
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| Fraud of the Week |
Auto Fraud – Maryland
AMOUNT: $1,000 to $10,000
A Maryland woman has been sentenced to ninety days of home detention and two years of probation for filing a false insurance claim that she was the driver of the vehicle, a Chevrolet Malibu, at the time of an incident. 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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| Contact Us |
As always, your comments and questions are welcome.
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