Insurance coverage actions often turn on the interpretation of standard, industry-wide language used in liability policies. Insurance Companies use the services of the Insurance Services Office, Inc. (ISO), to draft standard language for their policies and are also often participants in the drafting of these forms. As a result, policyholders will often seek documents and information relating to the insurance companies’ interpretation of the meaning of the policies, including the drafting history information.
Continue Reading Internal Records From The Insurance Services Office Can Be Obtained In Insurance Policy Interpretation Disputes

This morning’s post, Coronavirus Insurance Coverage Update—United Policyholders Says Do Not Give Up While Georgia Insurance Commissioner Suggests Do Not Waste Your Time, suggests that the proper procedure for determining coverage is to first read the insurance policy. Many of the policies sent to me so far have an ISO exclusion regarding loss due to virus or bacteria.
Continue Reading Coronavirus Insurance Coverage Update—The ISO Circular Regarding the Virus Exclusion

There are changes occurring to the standard commercial general liability policy that all business owners should know of to make informed decisions when purchasing their insurance policy. The Insurance Services Office, Inc. (ISO) now requires, as of May 1, 2014, a new endorsement that excludes data breach liability. This endorsement , entitled “Exclusion-Access or Disclosure of Confidential or Personal Information and Data-related liability-with limited bodily injury exception,” means that the current standard commercial general liability policy will not cover damages to a company from breach of data that leads to confidential or personal information leaks.


Continue Reading Commercial General Liability Policies – Now Cyber Liability Stands Alone

Seems like yesterday when my son, Chase, was swinging on jungle gyms. It is hard to imagine that this day is finally here when he is off to college. With all the little odds and ends to take care of, I wondered whether all his electronic gadgets are covered under my homeowner’s policy. After doing some reading, I am calling my agent and reading my policy when I get home from Philadelphia.

As usual, I like to check the FC&S Bulletins for some general information with these practical questions. While I have suggested that all policyholder attorneys and public adjusters subscribe to this publication, insurance agents and brokers can get some great ideas as well because the coverage topics are very “main street” rather than some of the exotic situations my clients bring to our firm.


Continue Reading Is Your College Kid’s Stuff Covered Under a Homeowner’s Policy?

A financially strong and profitable insurance industry is in everyone’s best interest. When insurance is profitable, companies sell more of their products, usually at more affordable rates. Consumers and insurers win. A tongue in cheek example of this is found in my line of work. Our firm wants insurance companies to sell as much of their product as they can. Affordable insurance with broad coverages sold to everyone gives insurance claims departments more opportunity to do what is in their short term economic interest—delay and deny payment of claims.


Continue Reading Property Insurers Financially Challenged In 2008