| Q&A of the Week |
Debris Removal and Coverage for Trees
A California subscriber recently asked the following question:
I am working several large property claims from the northern California firestorms this summer. I am not clear on debris removal for our ISO HO–3 policies (HO 03 10 00) and whether debris removal as an additional coverage extends to removal of dead trees killed in the fire. The policy states that trees are covered under additional coverage (E) 3. when the loss is caused by a peril insured against, including fire. If the limit available for trees, shrubs, and other plants is exhausted by payment of loss, is there an extension of another 5 percent for debris removal of these now dead trees? This insured has many acres of lost trees, and any available coverage is helpful. Some say that the additional 5 percent for debris removal extends only to Coverages A, B, and C, and not to trees, shrubs, and other plants. Can you help?
ANSWER: You are trying to combine two separate coverages. The debris removal does not apply to trees because the removal of trees of the insured is limited to the felling of the trees by windstorm, hail, weight of ice, snow, or sleet, and that damages a covered structure or blocks a driveway or handicapped ramp. There is no coverage for the debris removal of the trees.
Under the additional coverage for trees, shrubs, and other plants, there is coverage for damage by fire, and an additional 5 percent of the limit that applies to the dwelling for all trees, shrubs, plants, or lawns. So there is up to $500 of damage per tree, shrub, or plant up to the 5 percent of the dwelling coverage. For example, the insured coverage A is $300,000. Five percent of that is $15,000, which is available for the replacement of trees. While this coverage does not discuss debris removal, it would make sense that if the dead trees have to be removed before they can be replaced by new trees that would be included as part of the overall cost of replacement. Read More |
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| What's New This Week in FC&S |
Motor Carrier Form—Liability Coverage
This article discusses the insuring agreements and the exclusions that make up section II of the motor carrier coverage form; also included are the who is an insured clauses and the coverage extensions provided by CA 00 20. Read More |
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| Litigation Watch |
Loading and Unloading and Use of Vehicle
Selective Insurance Company appeals from an order granting summary judgment to Zurich American Insurance Company. This case is Selective Insurance Company of America v. Zurich American Insurance Company, 2015 WL 6758358.
Trees and vegetation were being cleared from a right-of-way owned by Public Service Electric and Gas. Dante Enterprises was engaged to remove the trees and vegetation. Midco was hired to provide a truck and driver to haul away the material. Dante employees brought the fallen trees to the edge of a retaining wall where the truck driver, Ciuba, was to have the logs rolled into his truck. Read More
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| Fraud of the Week |
Fraud Ring—New York
AMOUNT: $279 million
Being the end of the year, over the next few weeks we're going to look at the Coalition against Insurance Fraud's 2015 Hall of Shame Inductees. 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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