What really caused the damage – an old sign or a strong wind? |
If a hurricane strikes a building and the front of it falls down, could the damage have been caused by the sign attached to the top of the building? Mr. Duboue sued the sign's owner and its insurance company for the damage to his uninsured building, arguing that the sign had caused a construction defect that was undetected until Hurricane Katrina struck.
The argument might have carried more weight if Mr. Duboue hadn’t purchased the building in 1987, more than 30 years after the sign was installed.
Click here for more details on this court case. |
Searching for coverage in property coverage forms? |
If Mr. Duboue had received payment from his own insurance company, this claim might never have been filed. However, when the obvious coverage does not respond, many insureds send out search parties. Suing any potential contributor to a loss may seem like the best solution for cash-strapped building owners. But it was because of the success of some of these expeditions that the insurance companies developed the anti-concurrent causation exclusions that are included in most property forms.
Click here to review the PF&M discussion of the anti-concurrent causation clauses. |
Searching for coverage in liability coverage forms? |
A good example of this is the pollution exclusion. In the 1960s and 1970s, the general liability policy was determined to cover both sudden and accidental release of pollutants and seepage, and long-term damage caused by industrial waste and storage tanks. The pollution exclusion has been updated many times since then in an attempt to explain exactly which pollution losses are covered and which are not.
Click here to review the PF&M discussion on the pollution exclusions. |
Searching for coverage in agents' errors and omissions
coverage forms? |
Many an insured, when informed that a loss is excluded, but that coverage could have been available, turns to his or her agent and asks – why? Why didn’t you offer me the coverage? Why didn’t you explain its importance to me? I would have bought it if you had only told me.
Most agents explain coverages and offer a variety of alternatives that their customers reject due to cost. However, those discussions are forgotten at the time of loss if nothing is in writing and become unproductive finger-pointing exercises with most of the sympathy going to the uninsured client.
Click here for a Client/ Agent Coverage Agreement that can be used to discuss and recommend coverage. |
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The Agribusiness Category has been added to the Producer’s Commercial Lines Risk Evaluation System. The following classifications are included:
Cash Grain Operations
Dairy Operations
Horse Farms (Other than Racehorses)
Horse Farms (Racehorses)
Wineries
Note: This is not a replacement of the Producer’s Personal Liability Risk Evaluation System Farmowners/Ranchowners. |
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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. |
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