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December 17, 2015  

 
 Q&A of the Week
Must Property Deductible Be Met for Business Income Insurance to Apply?

A Kentucky subscriber recently asked the following question:

Our insured has a large $2 million property deductible. However the period of restoration begins immediately after the loss. Must the insured prove that the deductible for direct damage will be exceeded, before the carrier will pay for the loss of business income?

ANSWER: Generally, business income policies do not require that the property deductible be exceeded in order to be triggered. BI policies often have a time deductible—usually seventy-two hours—before they kick in, but if the period of restoration on your policy begins immediately, then there is no time deductible either. As long as a the elements necessary to trigger the policy occur—direct physical damage that causes a suspension of operations during the period of restoration—then the $2 million property deductible would not have to be met.
 Read More
 
 What's New This Week in FC&S
Funeral Homes
ISO Market Segments Program


The ISO Market Segments Funeral Homes endorsement, MS FH 01 07 13 is a wrap around endorsement, which modifies the Building and Personal Property form, CP 00 10 10 12; the Causes Of Loss – Special form, CP 10 30 10 12; and the Commercial General Liability Coverage form, CG 00 01 04 13 or CG 00 02 04 13. Read More
 
 Litigation Watch
Number of Occurrences under Discussion

The plaintiff filed a complaint seeking a declaratory judgment that an attack by two dogs constitutes three separate occurrences within the meaning of the policy language. This case is Verlus v. Liberty Mutual Insurance Company, 2015 WL 7170484.

Jean and Joanne Verlus were walking on the street when they were attacked by dogs owned by Taylor. When the dogs attacked, Jean and Joanne ran in opposite directions in an attempt to escape the dogs. Joanne was bitten on her buttocks and middle finger, but then managed to crawl to higher ground out of reach of the dog that had attacked her. That dog barked at her for a short time and then left to join in on the other dog's attack on Jean. The two dogs then bit Jean in the groin area and feet. 
Read More
 
 Fraud of the Week
Insurance Company Fraud—Maryland
AMOUNT: $100 million+


A con artist who had created an insurance company admitted that between 2008 and 2013 he falsified wire transfers, bank statements, and letters of credit to make it look to financial rating and auditing companies that his company could afford to cover more possible losses than it actually could. 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
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The Zalma Insurance Claims Library
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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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