A large, ornate wooden bowl was scheduled on the insured’s HO policy. The bowl was accidentally broken and the insurer denied the claim citing the exclusion for “breakage of art glass windows, glassware, statuary, marble, bric-a-brac, porcelains and SIMILAR FRAGILE ARTICLES.” Is a wooden bowl a “fragile” article? This article will discuss this issue, including…
The insured’s brother-in-law was helping him clean up some storm damage when a tree limb damaged his lawn tractor. The adjuster denied the damage as a liability claim under the Damage to Property of Others because it requires the damage to be “caused by” an insured. In this case, the adjuster might be right…but that…
A boulder dislodged from a hillside and ended up inside a home at the bottom. Is this excluded as earth movement or would it be covered as a falling object or any other non-excluded peril under the HO-3?
A number of years ago, ISO added “concurrent causation” exclusionary wording to its personal and commercial lines property forms. This was done in response to several onerous court decisions that found coverage where none was intended. However, as sometimes is the case (e.g., with the pollution exclusion), this policy language itself can be interpreted onerously….
While it’s an unpleasant topic to consider, sometimes people pass away in their homes and their bodies are undiscovered for weeks. Decomposition can lead to decay and loss of body fluids. Similarly, the clean-up costs for firearms-related suicides can cost thousands of dollars. Are these clean-up and removal expenses covered by homeowners policies or is…
Here’s the scenario: Windstorm and/or hail has damaged shingles on the roof of your insured’s home. Since the roof is over 15 years old, replacing selected shingles with new ones will make the roof unsightly. So, of course, the insured wants the entire roof replaced. The carrier refuses, saying their only contractual obligation is to…
When property that is damaged is subject to a policy sublimit, does the deductible apply to the loss or the sublimit? This is an age-old question, but it recently came up in an auto insurance claim. In this article, we’ll present examples from both auto and homeowners to demonstrate how it works.
On October 4, 2009, while I was visiting my parents in Vero Beach, at 4:32 a.m. my cell phone rang and the caller ID showed it to be my daughter. I knew it was not going to be a good call at that time of day. She said, “Dad, my apartment building just burned to…
Gift cards have become an increasingly popular form of giving for Christmas, birthdays, and many other occasions. Each year, BILLIONS of dollars are spent on gift cards, many of which are never redeemed. If a gift card is lost or stolen, is there any coverage for the lost value under a homeowners policy?
The HO 04 60 covers acquired jewelry (for a sublimit) if reported within 30 days. If any insured buys jewelry on March 7 but doesn’t pick it up until April 3, when does the 30-day coverage period start? If the jewelry is stolen on April 23, is it covered up to the sublimit?
