Problems viewing this email? Click Here October 23, 2014      Q&A of the Week BOP Coverage for Damaged Walls A Massachusetts subscriber recently asked the following question: We have an insured with a BP 00 03 07 02. The insured suffered damage to two retaining walls by a vehicle. One of the walls is attached to the structure and the other wall is not. The insured is looking for coverage under his policy for both walls. Would you please advise as to your opinion as to whether or not these walls would be covered under the policy? ANSWER: The ISO Building and Personal Property Coverage Form, CP 00 10, specifically lists retaining walls that are not part of a building as property not covered, but the BOP makes no mention of retaining walls either attached or not. Read More    What's New This Week in FC&S Employee Theft and Forgery Discusses the 2013 revisions to the Employee Theft and Forgery forms, both discovery and loss sustained. Read More    Litigation Watch Homeowners Policy and Coverage for Assault and Battery Claims An employee filed a complaint against a co-worker claiming that the co-worker committed continuous assaults and batteries on the employee at the place of employment. This case is Love v. Sirey, 119 So.3d 732 (2013). Love filed a complaint for personal injuries against Sirey claiming that Sirey committed continuous assaults and batteries on Love through inappropriate comments and bodily contact; these alleged acts occurred at the workplace. Sirey contacted her homeowners insurer, State Farm, for defense and coverage. State Farm initially defended Sirey but then filed a declaratory judgment action asserting that coverage defenses precluded coverage. The trial court granted State Farm"s summary judgment motion and this appeal followed. Sirey contended that the trial court erred in its finding that the acts claimed in the complaint against the insured did not constitute an insurable occurrence under the policy provisions. The Court of Appeal of Louisiana, Fifth Circuit, noted that State Farm argued that the acts of battery and assault were intentional in nature and thus, did not constitute an occurrence as defined in the policy. The appeals court said that the policy defined "occurrence" as an accident but the policy did not define "accident." Moreover, the definition of "occurrence" did not specifically exclude assault and battery. Therefore, considering the precise language of the policy and the allegations set forth in the complaint, the court ruled that the homeowners policy did not unambiguously or clearly exclude Love's claims from coverage as an insurable occurrence. The court found that the trial court erred in this instance. 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@ SummitProNets.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

FC&S Team Kelly Maheu, J.D. Publisher   Diane W. Richardson, CPCU Consulting Editor Christine G. Barlow, CPCU Managing Editor, Professional Publishing   Diana B. Reitz, CPCU, AAI Consulting Editor David D. Thamann, J.D., CPCU, ARM Managing Editor, FC&S Bulletins   Katherine S. Caudill, J.D. Manager of Product Development Susan L. Massmann, CPCU Managing Editor, Electronic Publications   Karen L. Combs Assistant to the Editors Donald S. Malecki, CPCU Contributing Editor   Tosha Brinkman Marketing Manager Barry Zalma, Esq., CFE Contributing Editor   Donna Cozatchy Creative Director

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