• By Order of Civil Authority

    By Order of Civil Authority Summary: Events have spawned increased calls for similar coverages found in two separate forms. On the one hand, the Business Income Form (see, for example, ISO's Business Income (And Extra Expense) Coverage Form, CP 00 30 10 12 , as an additional coverage, promises to...

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  • Status of Wall to Wall Carpet, Drapes, and Lighting Fixtures

    Status of Wall to Wall Carpet, Drapes, and Lighting Fixtures Dwelling or Contents? Summary: There are a number of items common to daily living that cause difficulty to insurers and their customers because it is not certain whether damage to such items should be covered by insurance on the...

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  • Duty to Defend and the Bill Cosby Case

    Duty to Defend and the Bill Cosby Case Summary : The comedian and actor, Bill Cosby, was accused by many women of acting dishonestly, immorally, and despicably. They have accused him of drugging them and then raping them, conduct that, if true, should never be covered by a policy of insurance....

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  • Coverage for Backup of Sewers and Drains

    Coverage for Backup of Sewers and Drains Exclusion versus Named Peril Summary : Standard homeowners forms, like most property forms in current use, exclude all loss “caused directly or indirectly by any of the following . . . water which backs up through sewers or drains or which overflows from...

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  • Notification Requirement Upheld by Court

    Notification Requirement Upheld by Court The insurer brought an action against its insured seeking a declaration that the homeowners policy did not provide coverage after the insured's then-husband and coinsured accidentally started a fire while manufacturing and smoking marijuana in the...

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  • Homeowners and Premises Liability

    Homeowners and Premises Liability Standard of Care Owed Summary: “A man's home is his castle” goes the saying. However, today's castles are not surrounded by stone walls and moats. Does the unguarded condition of a homeowners premises leave the homeowner open to unforeseen consequences? Are...

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  • Scheduling Personal Property for the Homeowners Insured

    Scheduling Personal Property for the Homeowners Insured Summary: Homeowners forms commonly limit amounts paid for loss to certain classes of property. For example, Insurance Services Office form HO 00 03 05 11 limits are money ($200); securities ($1,500); watercraft ($1,500); trailers ($1,500);...

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  • Water Exclusion Clause

    Water Exclusion Clause Summary : A standard feature of property insurance forms is the exclusion of various categories of loss associated with water. The water exclusion clause in the commercial property program (Insurance Services Office forms CP 10 10 10 12 , CP 10 20 10 12 , and CP 10 30 10 12...

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  • Coverage for a Business under HO Policy

    Coverage for a Business under HO Policy This matter involves a dispute over insurance coverage between the insured and the insurer. The case is Clarence Perry v. Hartford Underwriters Insurance Company, 2015 WL 3508099. Perry owned and operated a business, Perry Trucking, from his residence....

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  • Continuous Trigger Theory versus Manifestation Trigger

    Continuous Trigger Theory versus Manifestation Trigger The insureds brought an action against the insurer seeking coverage for water damage that was caused by a defect present since completion of their home but that went undiscovered until well after their policy had expired. This case is...

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  • Riots, Insurance, and Moratoriums

    Riots, Insurance, and Moratoriums Summary : The death of Freddie Gray in the custody of Baltimore police in April 2015 led to riots and destruction in the city. There were protests both peaceful and violent, and damage was estimated to be over $1 million. As is often the case, insurance...

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