November 2010, Volume 47
Little words mean a lot!

Fabiloa caused an accident where she, her grandmother, and both of her parents were injured. If either Fabiloa or her parents owned the car, coverage would be clear. However, Fabiloa was driving her grandmother’s car and grandmother did not live with Fabiloa’s family.

The parents sued Fabiloa's grandmother for the injuries they sustained. State Farm denied coverage for their injuries because of the household exclusion.

The parents argued that, because the exclusion used the term “the” insured instead of the term “any” insured, only members of Fabiloa's grandmother’s household were excluded from coverage.

The court agreed with the parents.

Click here for more details on this court case.

It’s complicated!

Insurance policies are contracts. Today’s easy-to-read policies may mask that fact and cause us to be less exact in our explanations. One example of imprecise non-policy language was the previous edition of the ACORD 25 Certificate of Insurance. It was recently updated to clearly state that it confers no privileges to the certificate holder that are not on the policy. Some agents and contractors still use the previous edition with the now out-dated language and ACORD has notified everyone that they must cease and desist and use only the most current edition.

Click here for a copy of the current ACORD 25 (PDF).

General understandings

Insurance is about relationships and trust. Your clients depend on you to provide the correct answer, not necessarily the easiest one. Companies depend on you to provide accurate information about your clients, even if doing so affects pricing. Serving both parties well requires precision. Unfortunately, we occasionally count on secondhand information that may be absolutely wrong.

Click here to review a Rough Notes Article answering the question
“Is it Law or is it Myth?”

Discuss and document

Talking about coverage issues with your clients is very important. However, they will take such discussions much more seriously if you require that they sign a document that shows your coverage recommendations and their decision to accept or reject them. Until such a document is in the client's file, anything said in your meetings could become a matter of dispute in a lawsuit.

Click here for an example of a client/agent coverage agreement you could use with a manufacturing client (PDF).

Recent Producer Online updates

The questionnaires for the Producer's Commercial Lines Risk Evaluation System Aviation Risks, Financial Institutions and Lodging Places categories have been updated. There are 31 classifications in these categories, including:

Hotels Helicopter Owners Motels
Airports Check Cashing Services Money Exchanges
Banks Bed and Breakfasts Crop Dusting
Motor Inns Flying Schools Ski Lodges
Feedback

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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