Problems viewing this email? Click Here November 25, 2015      Q&A of the Week Damage Caused by Seagulls A Rhode Island subscriber recently asked the following question: We have a customer who is currently experiencing damage to a warehouse and the boats being housed inside it due to seagulls pecking at the roof. The pecking is causing holes in the roof and rust to land on the customer's boats being stored inside. A claim has not been submitted yet but our assumption is the likely response will be that of no coverage due to the "infestation or nesting of birds" exclusionary language in the policy. ANSWER: While we have not run across similar claims scenarios, you are correct that the exclusion for nesting or infestation of birds would apply. Dictionary.com defines "infest" as "to live in or overrun to an unwanted degree or in a troublesome manner," which fits the seagull problem you describe. Read More    What's New This Week in FC&S Auto Dealers Coverage Form (Garage Policy) Few businesses have had the special attention from insurers as have those dealing with automobiles. Most businesses are offered general forms to adapt to their particular liability, automobile, and property coverage needs, but automobile dealerships have long been accustomed to insurance forms especially designed for their use. Read More    Litigation Watch Wind Shear as Physical Contact The automobile insurer brought an action against the insured motorcyclist for a declaratory judgment that wind shear from a passing truck did not satisfy the physical contact requirement for an accident caused by a hit-and-run vehicle. This case is State Farm Mutual Automobile Insurance Company v. Benedetto, 32 N.E.3d 732 (2015). The insured was riding on his motorcycle with his wife when a semi approached from the opposite direction. The insured claimed that the semi crossed over into his lane of travel and he swerved to the right to avoid any physical contact. The insured then said that the motorcycle was propelled off the road by the wind shear of the passing semi, throwing the insured and his wife into a ditch sustaining injuries. The semi failed to stop and its owner and operator remains unknown.  Read More    Fraud of the Week Arson Fraud—Georgia AMOUNT:$500+ An Augusta couple plead guilty to first-degree arson and insurance fraud for setting fire to a residence. The house had been put into the name of one of the individuals involved four days before the fire was set. The fire was started by putting a space heater next to a mattress. 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@alm.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 The Zalma Insurance Claims Library   Insurance Claims: A Comprehensive Guide The only source you'll need to successfully handle insurance claims from start to finish. More Info Construction Defects Coverage Guide Your single-source for identifying, insuring, investigating, prosecuting, and defending cases that result from construction defect claims. More Info Mold Claims Coverage Guide This guide will allow you to handle mold insurance claims and litigation resulting from mold or fungi related disputes with confidence. More Info For more information about these titles Click Here

FC&S Team Kelly Maheu, J.D. Publisher   Diane W. Richardson, CPCU Consulting Editor Christine G. Barlow, CPCU Managing Editor, FC&S   Diana B. Reitz, CPCU, AAI Consulting Editor David D. Thamann, J.D., CPCU, ARM Managing Editor, FC&S Bulletins   Emily Brunner Online/Print/Production Editor Susan L. Massmann, CPCU Managing Editor, Electronic Publications   Tosha Brinkman Marketing Manager Barry Zalma, Esq., CFE Contributing Editor   Donna Cozatchy Creative Director

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