| Q&A of the Week |
Gravel Driveway
A Vermont subscriber recently asked the following question:
Regarding coverage B other structures, we need some clarification on the following: "Sometimes questions arise about the status of sidewalks, driveways, or in ground pools that appear to be connected by a concrete patio to the dwelling. These structures are not dwellings, nor are they attached to the dwelling. Concrete walks and patios are not laid so that they become 'at one' with the dwelling. Therefore, coverage B applies to these structures."
Under the ISO HO3 form are driveways covered under coverage B? The driveway in question is dirt and gravel, basically land.
ANSWER: Dirt and gravel are different than land; land is basically ground that has not been altered by humans. Read More |
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| What's New This Week in FC&S |
Legal Status of Punitive Damages Insurability
This is a chart presenting the status of punitive damages awards in each of the 50 states. Read More |
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| Litigation Watch |
Contractor, Subcontractor, and Additional Insured Coverage
The contractor sought coverage as an additional insured under the subcontractor's general liability policy when the contractor was sued after the subcontractor was killed while working on the job site. This case is Schafer v. Paragano Custom Bldg., Inc., 2010 WL 624108 (N.J. Super. Ct. App. Div. Feb. 24, 2010).
Paragano was the general contractor for the renovation of a home and subcontracted a portion of the work to K&D Builders and Carpenters. Schafer was installing a window in a second-floor bathroom. Paragano had erected a scaffold in connection with the work, but it was not high enough to permit Schafer to complete his work. So, Schafer placed an A-frame ladder on the top of the scaffold and climbed up. While perched on the ladder and trying to fit the window into place, Schafer lost his balance and fell to his death.
Schafer's estate sued Paragano claiming that the scaffolding had been improperly erected. Paragano sought coverage under K&D's general liability policy as an additional insured. The trial court ruled in favor of coverage and the liability insurer, Harleysville Insurance Company, appealed.
The Superior Court of New Jersey, Appellate Division, noted that Paragano was made an additional insured on the Harleysville policy only with respect to liability caused in whole or in part by K&D's acts or omissions in the performance of its ongoing operations for Paragano. The court found no ambiguity in this wording. It was clear that coverage was available to Paragano as an additional insured only for liability caused in whole or in part by the acts or omissions of K&D. The policy did not provide coverage for liability caused by Paragano's own acts or omissions. In other words, Paragano had vicarious liability coverage under the Harleysville policy, not liability coverage for its own acts or omissions. 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.
Contact us at:
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