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Developments in Property

Coverage – Ambiguity – Primary and Excess Policies
by Ray Coates of Low, Ball and Lynch

Northrop Grumman Corporation v.
Factory Mutual Insurance Company
United States Court of Appeals, Ninth Circuit (August 14, 2008)

In this Ninth Circuit Court of Appeals decision, the issue of ambiguity was considered with reference to a term used in both a primary and excess policy. The policies defined the term differently, and the issue was whether this created an ambiguity.

Northrop Grumman Corporation, and its Mississippi subsidiary, Northrop Grumman Ship Systems, were insured by Factory Mutual Insurance Company. Northrop obtained a primary policy from Factory Mutual, providing comprehensive property insurance. The policy included coverage for all risks, including earthquake, flood, boiler and machinery. An excess policy was obtained from Factory Mutual and included all risks, including boiler and machinery, but excluding earthquake and flood. The primary policy defined flood as including wind-driven water. The excess policy definition of flood did not include within its definition wind-driven water.

From the Industry

Poll: Californians Overwhelmingly Recognize
Personal Responsibility To Update Insurance
By Insurance Information Network of California

Californians overwhelmingly consider it their responsibility to prevent underinsurance, with homeowners in areas struck by catastrophic wildfire most strongly recognizing that they must keep their homes adequately insured, according to a new statewide poll.

Sixty-one percent of those surveyed in the poll commissioned by the Insurance Information Network of California said that homeowners have the primary responsibility to keep their insurance policies current. Of the 800 people interviewed, 73 percent of San Bernardino County and 68 percent of San Diego County respondents – people located in areas devastated by recent wildfires – call insurance updates a personal responsibility.

Property Claims Chronicles

RELIEF IS ONLY A PHONE CALL AWAY
by DMA Property Supervisor

Hello. For many years I adjusted property claims and now I am a Supervisor handling property adjusters at the Los Angeles office of DMA Claims Services. The element that sets DMA apart is SERVICE. It is an attitude that started with the founder of the company, David Morse, and is drilled into every new adjuster upon arrival, no matter how experienced.

Here is an example of what I mean by service:

Our insured sustained damage to the tiles on his roof in a winter storm. But this was not just any house, it was a beautiful custom-built home overlooking the Pacific Ocean. And the roof tiles were not just any tiles, they were customized, glazed ceramic tiles from Japan. The damage was slight. Immature cones from two large fir trees each weighing two to three pounds had fallen 30 feet onto the roof and broken 10 or 15 tiles. There was minor interior water damage.

The problem arose in the cost of repairing the roof. Because these were custom tiles, they could not be matched and the whole section of the roof would have to be replaced to get a consistent look. The estimate for this was over $43,000.

Read rest of article...
 
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