July 2009 Intro Page No. 962 July 1, 2009  Dec Page   The question of the month deals with theft claims based on the shortage of an insured's…

Direct Physical Loss and Cosmetic Loss Hail stones have created dents to a copper roof. The section of roofing is located over a second story bay…

July 2009 Dec Page Question of the Month   Theft claims based on shortage of an insured's physical property as determined by an inventory computation…

Condominium Assessments with HO 17 32 and HO 04 28 Endorsements This is a claim under the HO-6 Condo Owners Policy with HO 17 32 endorsement and HO…

Injured Worker Not an Employee under Insured’s CGL Policy   In Rhiner v. Red Shield Ins. Co., 2009 WL 1458360 (Or.App.), the plaintiff owned…

Replacement Cost and Purchase of New Dwelling On a Replacement Cost Dwelling Package or Homeowners policy, an insured wants to take an ACV settlement…

Pothole Damage as Collision Under the PAP? Would tires damaged due to hitting a pothole be considered damaged due to road hazard, and therefore fall…

UM Policy Restrictions Not in Violation of State Law   In Bush v. State Farm Mut. Auto. Ins. Co., 2009 WL 1351821 (Ind.) , Leonard Bush, Jr. was…

Insurer Has No Duty to Defend Alleged Abuse and Torture by Insured's Employees   In CACI Intern., Inc. v. St. Paul Fire and Marine Ins. Co. 2009…

Estate of Worker Can Recover UM/UIM in Addition to Workers Comp   In State Farm Mut. Auto. Ins. Co. v. Slusher, 2009 WL 485027 (Ky.App.), State…