June 2007, Volume 6

The innocent bystanders

Mark was 22 and in love, but he had concerns about his fiancée. He drove to her work and she wasn’t there. Then he drove to her house and her parent’s house and still no luck. He decided to wait around her apartment complex. He saw Steve drive up to the apartment complex and then leave. As he watched Steve’s car, he saw his fiancée sit up in the front seat and give Steve a kiss.

Mark became furious and rammed Steve’s car. Steve sped off and Mark continued to follow at a high rate of speed. He made several maneuvers to overtake the vehicle and Steve did everything he could to get away. Finally, in a desperate move, Steve made a 180 degree turn and traveled backwards down the highway. Steve’s car went off the highway, struck a utility pole that landed on another car, and both cars burned. Mark’s fiancée and Steve were killed. Anna, Nancy and David who were in the car struck by the utility pole survived and they sued Mark for their injuries.

Mark’s father’s insurance carrier denied coverage under the personal auto policy because Mark’s actions were intentional. The court ruled that while Mark’s actions toward Steve and the fiancée were intentional, the injuries to Anna, Nancy and David were not. The court granted coverage.

Click here for more detail on this court case.

How can an action be intentional but the consequences unintentional?

One of the most contentious areas in court cases is intentional acts. Insurance policies are designed to cover accidents but often intentional acts do harm innocent parties. When one spouse burns down the house, rather than allowing the other spouse to obtain it in a divorce settlement, is it right to deny coverage to the innocent spouse by invoking the intentional act exclusion? If there is a running gun battle and a child is caught in the crossfire, should the shooter’s homeowners policy pay for the child’s injuries?

Would you like to know more about intentional actions and how different policies address the issues?

Click here to find out how to use the Producer OnLine
search function to find the information you seek.

Road rage and your clients

Mark used his car to vent his emotions. Many individuals do the same thing every day. When the anger is directly related to driving experience, it’s called road rage. Road rage is a danger to the driver and to others in the raging driver’s path. Do your customers understand road rage and how to avoid it?

Click here for an e-marketing article about avoiding road rage that you could place on your website or use in your agency newsletter.

Do your client’s carry enough coverage?

Today’s court case involved three victims in a single car. Are your clients’ limits sufficient to pay for injuries they inflict? Maybe today is the day to encourage your clients to consider increasing their limits.

Click here for a Business Building Letter
you could send.

Updates

Insurance Service Office (ISO) has an Inland Marine Handbook for non-controlled lines. This month in PF&M, most of the forms included in that Handbook are reviewed. Check out the PF&M Property Manual to see the ISO version of Contractors Equipment Floaters, Bailees Customers, Difference in Conditions, Jewelers Block, and more.

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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