COUNTRYWIDE
Commercial Property Coverage Part changes
In January of this year, ISO filed a multistate revision of forms and endorsements applicable to the Commercial Property Coverage Part. The revisions are to the Coverage and Causes of Loss Forms as well as to endorsements. (For more details on this change, please refer to the "PF&M Companion" in the November 2000 issue of Rough Notes magazine at http://www.roughnotes.com.)
Homeowners form changes
ISO has introduced a new edition homeowners program called the HO 2000. The HO 2000 will eventually replace the HO 91 program and includes both revised and new forms. ISO has filed the program countrywide with the earliest proposed effective dates beginning in December 2000. The new program includes formatting changes to improve an insured's ability to read and understand the forms. (For more details on this change, please refer to the "PF&M Companion" in the July 2000 issue of Rough Notes magazine.)
Commercial liability program introduced
ISO has made a multistate change to its Commercial Program. ISO has made commercial umbrella liability coverage available for its participating companies to file independently. The program rules and forms are available effective November 1, 2000.
Listed below under the individual states are those that have approved the above changes. The text will not be repeated but will refer back to this Countrywide section.
Commercial Property--The program changes referred to in the Countrywide section have been approved for participating insurers for all policies written on or after February 1, 2001.
ARKANSAS
Dwelling Liability--DL 25 03 02 01, Special Provisions-Arkansas has been approved for use on all policies written on or after March 1, 2001. The form's wording addressing the "expected or intended" injury exclusion was modified in response to the Norris v. State Farm Fire & Cas. Co., 99-1115__S.W.3D__(Ark, 2000) decision that found the exclusion to be ambiguous in regard to an unintended result from an intended act.
Homeowners--The program changes referred to in the Countrywide section have been approved for participating insurers for all policies written on or after April 1, 2001.
HO 01 03 02 01, Special Provisions-Arkansas has been approved for use on all policies written on or after March 1, 2001. The form's wording addressing the "expected or intended" injury exclusion was modified in response to the Norris v. State Farm Fire & Cas. Co., 99-1115__S.W.3D__(Ark, 2000) decision that found the exclusion to be ambiguous in regard to an unintended result from an intended act.
COLORADO
Dwelling Liability--DL 25 05 01 01, Special Provisions Colorado is available for use with a distribution date of January 2001. The form was revised in response to form H.B. 1169. Specifically the Limit of Liability condition was revised to add a sub-limit of $10,000 for the costs for the rehabilitation of a minor suffering injuries as a result of an insured's vicarious liability.
Homeowners--HO 01 05 01 01, Special Provisions-Colorado is available for use with a distribution date of January 2001. The form was revised in response to form H.B. 1169. Specifically the Limit of Liability condition was revised to add a sub-limit of $10,000 for the costs for the rehabilitation of a minor suffering injuries as a result of an insured's vicarious liability.
FLORIDA
Commercial Property--The program changes referred to in the Countrywide section have been approved for participating insurers for all policies written on or after April 1, 2001.
IDAHO
Homeowners--The program changes referred to in the Countrywide section have been approved for participating insurers for all policies written on or after March 1, 2001.
ILLINOIS
Businessowners, Commercial Property, Farm--IL 02 84 10 00, Illinois Changes-Cancellation And Nonrenewal has been approved for use by all participating insurers for all policies written on or after February 1, 2001. The form was revised to remove a reference to the Glass Coverage Form.
Commercial Property--The program changes referred to in the Countrywide section have been approved for participating insurers for all policies written on or after February 1, 2001.
INDIANA
Homeowners--The program changes referred to in the Countrywide section have been approved for participating insurers for all policies written on or after April 1, 2001.
IOWA
Homeowners--The program changes referred to in the Countrywide section have been approved for participating insurers for all policies written on or after March 1, 2001.
MINNESOTA
General Liability--A number of mandatory endorsements have been approved for all policies written on or after February 1, 2001. The Insurance Services Office introduced mandatory endorsements to its Commercial General Liability (CGL) program clarifying that coverage is not provided for injury or damage known to the insured before the policy inception. The need for these endorsements stems from a 1995 California Appeals Court decision known as "Montrose." For more information about these endorsements see "ISO's CGL Excludes Known Injury Or Loss In Progress," by Diana Kowatch, CPCU, AU, AAM, CPIW, in the August 1999 issue of Rough Notes magazine.
CG 00 57 09 99-Amendment Of Insuring Agreement-Known Injury Or Damage (use with the CGL)
CG 00 58 09 99-Amendment Of Insuring Agreement-Known Injury Or Damage And Inspections And Surveys Condition (use with the OCP)
CG 00 59 09 99-Amendment Of Insuring Agreement-Known Injury Or Damage And Inspections And Surveys Condition (use with the Railroad Protective Liability Policy)
CG 00 60 09 99-Amendment Of Insuring Agreement-Known Injury Or Damage (use with the Products/Completed Operations Liability Policy-Occurrence Version)
CG 00 61 09 99-Amendment Of Insuring Agreement-Known Injury Or Damage (use with the Liquor Liability Coverage Part-Occurrence Version)
The following new and revised endorsements are also available effective February 1, 2001:
CG 04 30 09 99-Pollution Exclusion-Limited Exception for Designated Pollutant(s)
CG 21 65 09 99-Total Pollution Exclusion With A Building Heating Equipment Exception And A Hostile Fire Exception
CG 21 55 09 99-Total Pollution Exclusion With A Hostile Fire Exception
CG 22 65 09 99-Optical And Hearing Aid Establishments (for use with CGL)
CG 24 18 09 99-Seed Merchants-Coverage for Erroneous Delivery or Mixture And Resulting Failure of Seed to Germinate (for use with CGL)
CG 24 19 09 99-Seed Merchants-Coverage for Erroneous Delivery or Mixture (Resulting Failure of Seed to Germinate Not Included) (for use with CGL)
CG 24 20 09 99-Seed Merchants-Coverage for Erroneous Delivery or Mixture and Resulting Failure of Seed to Germinate (for use with Products/Completed Operations)
CG 24 21 09 99-Seed Merchants-Coverage for Erroneous Delivery or Mixture (Resulting Failure of Seed to Germinate Not Included) (for use with Products/Completed Operations)
CG 28 07 09 99-Principals Protective Liability Coverage (for use with OCP)
MISSOURI
Commercial Lines--Missouri Forms BP 01 11 03 01, Missouri Changes, CM 01 18 03 01, Missouri Changes, IL 01 01 03 01, Missouri Changes, IL 02 74 03 01, Missouri Changes-Cancellation And Nonrenewal have been implemented for use for policies effective on or after March 1, 2001. These forms were revised to comply with former H.B. 1677's requirements that coverage could not be denied to an innocent co-insured for losses arising out of domestic violence.
NEVADA
Homeowners--The program changes referred to in the Countrywide section have been approved for participating insurers for all policies written on or after July 1, 2001.
NEW YORK
Personal Auto--PP 01 79 01 01, Amendment Of Policy Provisions-New York has been approved for use by participating insurers for policies effective on or after January 1, 2001. The form was revised in response to New York Insurance Department Circular Letter No. 16 (2000) which prohibits insurers from requiring that auto damage repairs be made at designated repair businesses.
NORTH CAROLINA
Commercial Auto--CA 01 26 03 01, North Carolina Changes Endorsement has been approved for use by participating companies for all policies effective on or after March 1, 2001. The form was changed in response to 1999 N.C. Sess. Laws 228 which increased the state's mandatory liability insurance requirements. Specifically, the minimum split limits have been increased from $25,000/50,000/15,000 to $30,000/60,000/25,000. (Note, the required combined single limit has increased from $65,000 to $85,000.)
NORTH DAKOTA
Homeowners--The program changes referred to in the Countrywide section have been approved for participating insurers for all policies written on or after July 1, 2001.
OHIO
Dwelling Liability--DL 98 82 01 01, Personal Umbrella Liability Policy Excess Uninsured Motorists Coverage-Ohio has been approved and is available for use effective January 2001. This form was revised to delete the exception to the definition of uninsured motor vehicles in accordance with former S.B. 267. DL 25 34 01 01, Special Provisions-Ohio, has been approved and is available for use effective February 1, 2001. This form was revised to add an exclusion for loss caused by dangerous/vicious dogs which have not been confined in accordance with former H.B. 350.
OKLAHOMA
Commercial Lines--The following forms have been approved for participating insurers for all policies written on or after January 1, 2001:
BP 02 18 01 01, Oklahoma Changes-Cancellation And Nonrenewal
CG 29 18 01 01, Oklahoma Changes-Cancellation And Nonrenewal
CG 29 34 01 01, Oklahoma Changes-Cancellation And Nonrenewal
CG 30 40 01 01, Oklahoma Changes-Cancellation And Nonrenewal
CR 02 17 01 01, Oklahoma Changes
IL 02 36 01 01, Oklahoma Changes-Cancellation And Nonrenewal
The forms were changed to comply with 2000 Okla. Sess. Laws (Former S.B. 108) which increased the number of days from 45 to 60 in regard to advanced notice of nonrenewal and to restricted reasons for policy cancellation.
Commercial Property--The program changes referred to in the Countrywide section have been approved for participating insurers for all policies written on or after February 1, 2001.
OREGON
Homeowners--HO 01 36 03 01, Special Provisions-Oregon has been approved for use by participating insurers for policies effective on or after March 1, 2001. The form was revised in response to Oregon Revised Statutes 742.226. Specifically, the form's Mortgage Clause was amended to include required wording to protect the interest of a mortgagee who has a financial interest in covered property, but which is not listed on the insurance policy.
RHODE ISLAND
Commercial Property--The program changes referred to in the Countrywide section have previously been approved. However, to supplement this program, multistate endorsement CP 04 06 10 00, Vacancy Changes will NOT be used and CP 01 29 10 00, Rhode Island Changes has been approved for participating insurers for all policies written on or after December 1, 2000.
VERMONT
Commercial Auto--CA 21 63 02 01, Vermont Uninsured Motorists Coverage endorsement has been approved for use by participating companies for all policies effective on or after February 1, 2001. The form was changed to comply with a request from the Vermont Department of Banking, Insurance, Securities and Health Care Administration to make the Arbitration condition voluntary.
Commercial Lines--The following forms were introduced in response to 2000 Vt. Laws (former H.B. 847) and reflect the insured status of a person of the same sex, who is part of a state-recognized civil union.
* IL 01 09 01 01, Vermont Changes-Civil Union
* BP 01 77 01 01, Vermont Changes-Civil Union
* CR 01 52 01 01, Include The Family Of Building Manager, Superintendent Or Janitor As Employees-Vermont
These changes are effective on or after January 1, 2001.
VIRGINIA
Commercial Crime--The multistate Crime and Fidelity Forms program with Virginia-specific provisions has been approved for use by participating companies for all policies effective on or after February 1, 2001. To accommodate writing this program, several forms have been withdrawn, revised and introduced.
Withdrawn Forms:
CR 01 12 06 99, Virginia Changes Arbitration Endorsement
CR 01 26 01 99, Virginia Bank Excess Securities Changes Endorsement
CR 01 29 09 92, Virginia Changes-Definitions Endorsement
Revised Form:
CR 01 37 03 00, Exclusion of Certain Computer-Related Losses-Virginia Endorsement
New Forms:
CR 01 53 06 00, Virginia Changes Endorsement
CR 02 11 03 00, Virginia Changes Endorsement
CR 01 49 06 00, Limit Coverage For Money and Securities Outside the Premises to Robbery Only-Virginia Endorsement
Boiler and Machinery, Commercial Inland Marine, Crime and Fidelity--In conjunction with the state's approval of the ISO multistate Crime and Fidelity Forms program, IL 01 48 06 00, Virginia Changes Endorsement was changed to delete reference to Commercial Crime. This edition form has been approved for use by participating insurers on all policies effective on or after February 1, 2001.
WEST VIRGINIA
Commercial Property--CP 01 12 10 00, West Virginia Changes Endorsement has been approved for participating insurers for all policies written on or after January 1, 2001. This form was changed to comply with West Virginia Informational Letter No. 119A. The revision is to the form's Appraisal Condition, stipulating that the appraisal decision is binding on both parties but ONLY AFTER the parties have MUTUALLY agreed to arbitrating the amount of loss.
Personal Auto--PP 01 58 01 01 Amendment Of Policy Provisions-West Virginia has been approved for participating insurers for all policies written on or after January 1, 2001. This form was changed to comply with West Virginia Informational Letter No. 119A and in response to former H.B. 4650. The revisions are to the forms:
* Appraisal Condition, stipulating that the appraisal decision is binding on both parties but ONLY AFTER the parties have MUTUALLY agreed to arbitrating the amount of loss
* Cancellation and Nonrenewal Condition, adding certain violation/accident activity as additional termination reasons
Commercial Property--The program changes referred to in the Countrywide section have been approved for participating insurers for all policies written on or after February 1, 2001.
WYOMING
Homeowners--The program changes referred to in the Countrywide section have been approved for participating insurers for all policies written on or after April 1, 2001. *