The AQ Chicken Restaurant was an arson victim. The younger Trybulec was identified as one of the individuals involved in the crime. He confessed to a reduced charge of reckless burning in order to avoid the more serious charges of trespass and arson. By the terms of the plea agreement, he received probation instead of jail time. AQ Chicken and Cypress Insurance, its insurer, then sued the Trybulec family for damages. The Trybulec family in turn demanded coverage from Farm Bureau Insurance. However, Farm Bureau immediately denied coverage and refused to defend because the act was intentional and for an illegal purpose.

The court didn’t agree with Farm Bureau. Based on previous court precedents, it determined that a plea bargain could not be used as an admission of guilt in a civil case. It ultimately determined that Farm Bureau had a duty to defend the Trybulec family.

Click here for more details on this court case.

The intentional acts exclusion is very simple but its application is often disputed. Subtle differences exist between carriers and those differences can be a major consideration in determining if the insured is or is not covered.

Click here to review the PF&M analysis of both the Insurance Services Office (ISO) and the American Association of Insurance Services (AAIS) Homeowners Personal Liability intentional acts exclusions.

PF&M at a Glance in the Rough Notes magazine provides simple overviews of topics included in the PF&M analysis. These articles briefly discuss topics covered in greater detail in PF&M itself.

Click here to view the PF&M at a Glance column on the subject of Intentional Acts.

There are many different types of restaurants but not every one fits admitted carrier guidelines. The Insurance Marketplace lists companies that specialize in writing restaurants. These carriers work with you to find a way to say "yes."

Click here to view the list of carriers
in The Insurance Marketplace that insure restaurants in the state of Indiana.

In response to requests from our customers, the 2009 edition of The Insurance Marketplace has a number of changes. In addition to 25 new construction classes and six habitational classes, the following classes are also added:

Have you found what you need in the Producer OnLine? Is there a classification
to add to the Producer's Commercial Lines Risk Evaluation System or a subject that you would like to see covered in PF&M?  Contact us now.

11690 Technology Dr.
Carmel, IN 46032
800.428.4384
317.816.1000 (fax)

Producer OnLine
Subscribers
LOG IN HERE

West Bend
Producer OnLine
Subscribers
LOG IN HERE

Rough Notes Website

Subscribe or Renew
for FREE to
Rough Notes Magazine