A child who was a passenger on an ATV was injured and the insurer denied the claim under a premises liability policy, citing an exclusion for the ownership, maintenance or USE of a motor vehicle. If someone is a passenger on a conveyance, are they “using” that vehicle?
The homeowners policy is designed primarily to cover golf carts while used to play golf. Unfortunately, they are often used for many other activities. This article takes a look at these uses and whether or not they can be covered by traditional insurance policies.
Most named perils property policies cover “windstorm.” Note that this doesn’t say “wind,” but rather “windSTORM.” So the question is, what constitutes a windstorm? This issue recently arose in an auto claim, but the peril is the same as that under homeowners and commercial property policies.
The insured sold her $29,000 ring…or so she thought. When she attempted to deposit the cashiers check, she learned that it was forged and the forger was long gone. When she reported the claim to her insurer, it was denied. The adjuster said this was voluntary parting, not theft. In this article we’ll show you…
Last year’s swath of hurricanes brought numerous claims involving damage to boat docks and piers, along with numerous claim denials. Weather-related claims to boat docks are common elsewhere in the country. While most policies cover windstorm damage, why are these claims often denied? For the answer to this question, and an often overlooked reason why…
An insured sends brass bathroom fixtures to the manufacturer to be replated or replaced. They are lost by the manufacturer who refuses to replace them. Is this loss covered by the HO policy?
Here’s a composite of THREE questions received by our “Ask an Expert” service in the past month: “Is there any coverage under the HO3 for a piece of furniture/washer/television (or any other personal property) that an insured is hauling in the back of a pickup and it gets damaged from falling out of the pickup?”…
What if snow that accumulates on a roof over time results in collapse? Could the carrier deny the claim, citing the “Neglect” exclusion in the HO policy due to the insured’s failure to have the snow removed? Below is an “Ask an Expert” question and the responses of our faculty members. As always, if you…
An insured suffered severe water damage to the interior of the second floor of a dwelling. A heavy rain storm caused water to accumulate on a second floor deck which seeped into the interior of the structure. The homeowners insurer has denied coverage based on the exclusion for “surface water.” The insured is arguing that…
A contractor built a new inground pool for the insured. After the pool was installed, an underground leak was discovered in a water line between the house and pool after concrete walkways began to buckle. The adjuster denied coverage based on the earth movement and water damage exclusions. Is this correct?
