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Tim Dodge
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I received this email from Jerry Trupin, CPCU, CLU, ChFC in Sleepy Hollow, New York:
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ISO CP 00 17 includes the following in the definition of covered building property:
6) Any of the following types of property contained within a unit, regardless of ownership, if your Condominium Association Agreement requires you to insure it:
(a) Fixtures, improvements and alterations that are a part of the building or structure; and
(b) Appliances, such as those used for refrigerating, ventilating, cooking, dishwashing, laundering, security or housekeeping.
But Building does not include personal property owned by, used by or in the care, custody or control of a unit-owner except for personal property listed in Paragraph A.1.a.(6) above.
The key term is “if your condominium Association Agreement requires you to insure it:” If so, I think the property described in A.1.a.(6) would be covered whether owned by the developer or anyone else. Sometimes called “original specifications” coverage, it's my preferred choice for condo insurance. Even if the agreement doesn't call for original specifications coverage, some insurers will endorse the policy to provide equivalent coverage.
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Very true. Some of the coverage in both personal and commercial condominium forms hinges on what the condo association by-laws say. Thanks to Jerry for raising this point!
Landlord's Appliances - Building or Contents?
Image courtesy of www.goedekers.com. Used under a Creative Commons Attribution 2.0 license. Question from an IIABNY member: If a landlord of an apartment building is providing appliances to the apartment units, must the landlord have a separate personal property limit under their commercial...
John - that question is probably best directed to a qualified financial adviser. I know that an LLC provides liability protections and possibly some tax advantages, but I'm by no means an expert.
Insurance Producer Survivors and Renewal Commissions
Here's a question that pops up from time to time. In fact, we haven't gotten it since...4:30 this afternoon. Question: If a licensed insurance producer dies and his surviving spouse does not have a producer's license, can she receive his commissions? If so, for how long? Answer: Yes, she can, an...
Lyla,
Thank you for commenting!
Can an Insurance Agent Decline to Place Coverage for Someone?
Question from an IIABNY member: We have had a client in the past couple of years cancel for nonpayment on his auto policy. The last two times were for not sufficient funds. He doesn’t qualify for any of our standard markets due to the payment history. If one of the nonstandard companies would ta...
Thanks, Bob! :) Lucy, in a nutshell, Employers Liability here covers an employer's legal liability for injuries to employees when those injuries are not compensable under state Workers' Compensation laws.
Employers Liability Coverage is Unlimited in New York, Except When It's Not
Question from an IIABNY member: When a certificate lists employers liability at : 100,000 each accident 500,000 policy limit 100,000 each employee I always tell insured that in New York Employers liability is unlimited per the statute. Do you have something that proves this? Answer: This is ac...
Mark,
Congratulations on winning that battle. Don, I agree, the term "reasonable care" can be nebulous. I'm not a lawyer, but my understanding is that the standard is what an ordinary, reasonable, prudent person would do in that situation. Certainly Mark's insured appears to have met that standard.
Some carriers have had success denying claims in New York based on the "where you reside" clause, but that doesn't seem to be at issue in these situations.
When Is a Home 'Unoccupied' Under a Homeowners Policy?
Question from an IIABNY member: In a strict reading on the homeowners policy, after a period of the home not being occupied, coverage becomes limited. The question came up on clients who leave their summer homes in New York to go to their winter residence, such as in Florida. We have a disagreem...
Carson,
Good points. Thanks for posting!
Tim
Friends Don't Let Friends Drive While Sneezing
Are you driving a car while you have a bad cold? Maybe a bout of flu? You might as well be driving drunk, according to a new study conducted by Young Marmalade, a UK-based car insurance company, and Cardiff University in Wales. Motor safety experts found that the driving skills of people who wer...
Tom,
I agree. There's no substitute for an insurance check at renewal, and that includes a check for changes to the vehicle schedule.
Tim
Does the Business Auto Policy Cover Unregistered Construction Equipment?
Question from an IIABNY member: I am hoping you can clarify the following issue. We have several insureds who may incidentally drive a piece of equipment (which is not licensed or registered for road use) along a road. Since this is so incidental, they are willing to take the chance with the N...
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