COUNTRYWIDE
A new Multistate ISO Personal Umbrella Policy (PUP) has been developed and provides a minimum limit of liability of one million dollars with higher limits available. Coverage is subject to a Self-Insured Retention or SIR. ISO has filed this multistate policy program in most jurisdictions; however, an effective date has not been filed--only a program edition date of June 1998. Each insurer must decide whether or not to use the program and, if so, individual effective dates must be filed by the insurer.
Program forms include:
* DL 98 01 06 98--Personal Umbrella Liability Policy
* DL 98 10 06 98--Personal Umbrella Liability Policy Change Endorsement
* DL 98 11 06 98--Personal Umbrella Liability Policy Auto Liability Exclusion Endorsement
* DL 98 12 06 98--Personal Umbrella Liability Policy Auto Liability Following Form Endorsement
* DL 98 13 06 98--Personal Umbrella Liability Policy Exclusion--Designated Auto Endorsement
* DL 98 14 06 98--Personal Umbrella Liability Policy Exclusion--Designated Recreational Motor Vehicle Endorsement
* DL 98 15 06 98--Personal Umbrella Liability Policy Exclusion--Designated Watercraft Endorsement
* DL 98 16 06 98--Personal Umbrella Liability Policy Exclusion--All Hazards In Connection With Designated Premises Endorsement
Listed below, under the individual states, are those that have approved the new program with a program edition date of June 1998 only. The text regarding the PUP will not be repeated but will refer back to this Countrywide section.
The new Personal Umbrella Policy (PUP) has been approved. Refer to the Countrywide section above for more information.
ALASKA
In response to the state Unfair Claim Practice Regulation 3 AAC 26.070 (a)(2), Homeowners Endorsement HO 01 54--Special Provisions--Alaska has been revised under Section I, Condition 10 on Loss Payment. It now states that even if some portion of a claim is in dispute, any portion of that claim that is not in dispute must be paid as provided in the policy. This change applies to all policies written on or after June 1, 1999.
In response to the request of the Alaska Department of Insurance, the policy language that references that cancellation or nonrenewal applies even if a refund has not been sent has been deleted. The revised forms include:
IL 02 80--Alaska Changes--Cancellation and Nonrenewal (Interline)
CG 29 43--Alaska Changes--Cancellation and Nonrenewal (OCP)
CG 29 44--Alaska Changes--Cancellation and Nonrenewal (Railroad)
CG 30 07--Alaska Changes--Cancellation and Nonrenewal (UST)
These changes apply to all policies written on or after June 1, 1999.
ARIZONA
The new Personal Umbrella Policy (PUP) has been approved. Refer to the Countrywide section above for more information.
CALIFORNIA
The new Personal Umbrella Policy (PUP) has been approved. Refer to the Countrywide section above for more information.
Homeowners Endorsement HO 01 04--Special Provisions--California has been revised with respect to the perils excluded in the property portion of the policy. Fungus has been added as an excluded cause of loss to make clear that neither mold nor fungus is covered. These changes apply to all ISO participating insurers as of February 18, 1999.
COLORADO
The new Personal Umbrella Policy (PUP) has been approved. Refer to the Countrywide section above for more information.
In response to the decision in Peterman v. State Farm Mutual Automobile Insurance Co., 948 P.2d 63 (Colo. 1998), uninsured motorist coverage is amended in Commercial Auto Endorsement CA 21 50--Colorado Uninsured Motorists Coverage--Bodily Injury. The revision eliminates the "consent to bind" provision. These changes carry a July 1, 1999 distribution date.
DELAWARE
The new Personal Umbrella Policy (PUP) has been approved. Refer to the Countrywide section above for more information.
Approval has been received on the revisions to two personal auto endorsements: PP 01 52--Amendment of Policy Provisions--Delaware and PP 03 77--Rating Information--Delaware. This is in response to 1997 Del. Laws (former S.B. 288) amending Del. Code Ann. Tit 2710(j). The Cancellation provision in PP 01 52 has been amended to clarify that even though the Delaware Department of Public Safety has suspended the permit, license or driving privileges of a minor, the suspension is not a valid reason for cancellation. The rating information endorsement has been revised to comply with the Safe Driver Insurance Plan (SDIP) which became effective April 1, 1999, and gives insureds the explanation for the classifications and safe driver plans used. These changes apply to all policies written on or after July 1, 1999.
DISTRICT OF COLUMBIA
The new Personal Umbrella Policy (PUP) has been approved. Refer to the Countrywide section above for more information.
IDAHO
The new Personal Umbrella Policy (PUP) has been approved, Refer to the Countrywide section above for more information.
INDIANA
The new Personal Umbrella Policy (PUP) has been approved. Refer to the Countrywide section above for more information.
IOWA
The new Personal Umbrella Policy (PUP) has been approved. Refer to the Countrywide section above for more information.
KANSAS
The new Personal Umbrella Policy (PUP) has been approved. Refer to the Countrywide section above for more information.
KENTUCKY
The new Personal Umbrella Policy (PUP) has been approved. Refer to the Countrywide section above for more information.
LOUISIANA
The 1998 Multistate Interline Endorsement Revisions have been approved. The revised forms include: IL 00 17--Common Policy Conditions, IL 00 03--Calculation of Premium,
IL 12 03--Louisiana Policy Changes, BP 12 04--Louisiana Policy Changes, IL 12 01--Policy Changes, and
BP 12 01--Businessowners Policy Changes. These changes apply to all policies effective on or after September 1, 1999.
The new, multistate Employment-Related Practices Liability Program has been approved for use with state-specific Endorsement EP 01 09--Louisiana Changes--Amendment Of Policy Conditions. This change applies to all policies effective on or after September 1, 1999.
MARYLAND
The new Personal Umbrella Policy (PUP) has been approved. Refer to the Countrywide section above for more information.
Commercial Auto Endorsement CA 21 13--Maryland Uninsured Motorist Coverage has been revised in response to the ruling made in the Maryland Court of Appeals decision West American ins. Co., v. John Popa, et al. (1998 MD LEXIS 1016 Dec. 22, 1998) MD, A. 2d (1998). Self-insured vehicles and government-owned vehicles no longer are excluded from the definition of uninsured motor vehicle. The limits trigger for property damage has been reinstated. These changes apply to all policies written on or after August 1, 1999.
MINNESOTA
The new Personal Umbrella Policy (PUP) has been approved. Refer to the Countrywide section above for more information.
MISSISSIPPI
The new Personal Umbrella Policy (PUP) has been approved. Refer to the Countrywide section above for more information.
MISSOURI
The new Personal Umbrella Policy (PUP) has been approved. Refer to the Countrywide section above for more information.
MONTANA
The new Personal Umbrella Policy (PUP) has been approved. Refer to the Countrywide section above for more information.
NEBRASKA
The new Personal Umbrella Policy (PUP) has been approved. Refer to the Countrywide section above for more information.
Revisions have been made to Homeowners Endorsement HO 01 26--Special Provisions--Nebraska in response to 1997 Neb. Stat. (former L. B. 1035). The exclusion for intentional loss has been amended to protect the rights of innocent first-party claimants who are the subject of abuse. The innocent parties will be allowed to recover that party's interest in the property--up to the applicable limit of insurance. The subrogation condition has also been amended giving the insurer subrogation rights to recover against the abusing party. These changes apply to all policies written on or after June 1, 1999.
NEVADA
The new Personal Umbrella Policy (PUP) has been approved. Refer to the Countrywide section above for more information.
NEW JERSEY
A new personal auto endorsement has been developed: PP 13 51--Named Driver Exclusion Endorsement (Coverage For Damage To Your Auto)--New Jersey, in response to the section 63 of the New Jersey Automobile Insurance Cost Reduction Act, P. L. 1998, c. 21 (former S.B. 3); N.J.A.C. 11:3-13.5; New Jersey Department of Banking and Insurance. This endorsement allows a named driver to be excluded for damage to owned auto. This change applies to all policies written on or after March 22, 1999.
In response to the New Jersey Automobile Insurance Cost Reduction Act (1998), and N.J.A.C. 11:3-4.8 Pre-certification Plans, ISO has designed a sample form that is available for insurers to use when developing their own Personal Injury Protection Coverage (PIP) Pre-Certification Plan. The form is now available for distribution and use.
Two commercial auto endorsements have been revised in response to the Insurance Cost Reduction Act P.L. 1998, c. 21 (former S.B. 3) and P. L. 1998 c. 22 (former S.B. 1051) and the decision in New Jersey Manufacturers Ins. Co. vs. Breen, 710 A.2d 421 (N.J. 1998). CA 01 08--New Jersey Garage Liability Coverage Changes and CA 01 88--New Jersey Changes have been amended so that if an insurer has a financial arrangement with an auto repair facility or body shop and the insured wishes to have the repairs made elsewhere, the insurer is obligated only for the amounts that would have been paid to the facility where the agreement is in place. Also as a result of the Insurance Cost Reduction Act and changes in New Jersey Department of Banking and Insurance Regulations such as Rule N.J.A.C 11:3-4, Personal Injury Protection Benefits; Medical Protocols; diagnostic Tests and Rule N.J.A.C. 11:3-5, Personal injury Protection Coverage Dispute Resolution, numerous revisions have been made to Endorsement CA 22 30--New Jersey Personal Injury Protection. In Commercial Auto Endorsement CA 21 14--New Jersey Uninsured And Underinsured Motorist Coverage, the definition of uninsured motor vehicle has been revised. A basic insured is prohibited from obtaining UM/UIM coverage on a standard policy. These changes apply to all policies written on or after March 22, 1999.
NEW MEXICO
The new Personal Umbrella Policy (PUP) has been approved. Refer to the Countrywide section above for more information.
The Earth Movement exclusion in Homeowners Endorsement HO 01 30--Special Provisions--New Mexico has been revised to clarify additional non-covered items such as earth sinking, rising or shifting that results from not only forces of nature but also human or animal forces. Earth movement losses are excluded regardless of concurrent cause or event. These changes apply to all policies written on or after June 1, 1999.
NORTH DAKOTA
The new Personal Umbrella Policy (PUP) has been approved. Refer to the Countrywide section above for more information.
OKLAHOMA
The new Personal Umbrella Policy (PUP) has been approved. Refer to the Countrywide section above for more information.
OREGON
The new Personal Umbrella Policy (PUP) has been approved. Refer to the Countrywide section above for more information.
PENNSYLVANIA
The new Personal Umbrella Policy (PUP) has been approved. Refer to the Countrywide section above for more information.
As a result of the decision made in Tenos v. State Farm Ins. Co., 716 A.2d 626 (PA Super. 7-17-98), Dwelling Liability Endorsement DL 25 37-Special Provisions-Pennsylvania and Homeowners Endorsement HO 01 37--Special Provisions-Pennsylvania, have been revised. In the PA Superior Court decision, it was ruled that there is coverage for ATVs if they are used solely for service of the covered premises, as per the policy. Regarding any other usage, there is no coverage. The Special Provision endorsements have been amended to include the word solely to match the basic policy provisions. These changes apply to all policies written on or after July 1, 1999.
SOUTH CAROLINA
Two commercial auto endorsements have been revised in response to 1997 S.C. Acts 154 and S.C. Code ANN 56-10-280 and 38-77-121. Endorsement CA 21 19--South Carolina Uninsured Motorists Coverage contains a revised definition of an uninsured motor vehicle to now include a motor vehicle whose owner has not qualified as a self-insurer under the law. CA 02 30--South Carolina Changes--Cancellation And Nonrenewal has been revised to allow an insurer to cancel the policy for any reason within the first 90 days of the policy but not before the 61st day. These changes apply to all policies written on or after July 1, 1999.
SOUTH DAKOTA
The new Personal Umbrella Policy (PUP) has been approved. Refer to the Countrywide section above for more information.
TENNESSEE
The new Personal Umbrella Policy (PUP) has been approved. Refer to the Countrywide section above for more information.
UTAH
The new Personal Umbrella Policy (PUP) has been approved. Refer to the Countrywide section above for more information.
WEST VIRGINIA
The new Personal Umbrella Policy (PUP) has been approved. Refer to the Countrywide section above for more information.
WYOMING
The new Personal Umbrella Policy (PUP) has been approved. Refer to the Countrywide section above for more information. *
©COPYRIGHT: The Rough Notes Magazine, 1999