July 22, 2009


IMG



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AAIS DEVELOPS 'GREEN'
BUILDERS' RISK FORMS 

AAIS has developed new, standardized builders' risk forms that provide coverage for loss exposures related to the "green" certification of an insured construction project.

The forms will be released Friday, July 24, in the Builders' Risk section of the AAIS Inland Marine Guide, a leading industry resource of policy forms, rating procedures, and underwriting guidelines for the traditionally nonfiled classes. They will also be filed in 22 states that do not exempt inland marine insurance from form filing requirements; the proposed effective date in those states is Dec. 1, 2009.

This latest AAIS initiative consists of two new optional endorsements, plus related schedules and information, developed for building projects intended to be certified as environmentally sound and energy efficient by authorities in "green" construction.

One of the endorsements, "Green Building Coverage," can be endorsed onto a standard builders' risk jobsite form to add coverage for restoring air quality in a damaged structure, recycling debris, recertifying a project as "green," and purchasing electricity and water to replace what was lost due to an insured loss to renewable energy or water conservation systems.

The other endorsement, "Delay in Completion Coverage Part - Green Building Form" can be used in place of a standard delay in completion form to add coverage extensions for additional costs incurred when a construction delay is extended by procedures and processes needed for a project to be recertified as "green."

More details are available in a press release. Also, a narrated slide show describing the new green delay in completion form will be available on AAISdirect to users of the Inland Marine Guide.

For information on affiliating with AAIS for use of the Inland Marine Guide, contact Rick Maka, director of marketing, at rickm@AAISonline.com, or by calling 800-564-AAIS, ext. 222.


TODD HESTER PROMOTED TO SENIOR COUNSEL
FOR INLAND MARINE AND OUTPUT PROGRAMS

Todd HesterTodd Hester, J.D., has been promoted to the position of senior counsel for inland marine and output programs at AAIS. Previously, Todd was director of inland marine.

In addition to his product development work, Hester has undertaken several research projects and managed relations with outside counsel for the AAIS inland marine team.

Robert Guevara, AAIS vice president of inland marine, credits Hester's work in response a significant court case for a number of significant improvements to the AAIS Builders' Risk forms.

"As a consequence of Todd’s work, AAIS’s Delay In Completion Coverage Part (a builders’ risk form) was reviewed and highly praised at a recent American Bar Association meeting," Guevara says, adding that one speaker praised the form as a "new paradigm" for delay in completion coverage.

"It is hard to overstate the boost in credibility and exposure for AAIS that resulted from the comments at the meeting," says Guevara.

Hester, a former entrepreneur, spent four years in product development with Zurich Insurance and Encompass Insurance before coming to AAIS in June 2007. He has a law degree from the Chicago-Kent School of Law.


CONNECTICUT EXTENDS
FLEX-RATING LAW

Gov. Jodi Rell recently signed a bill extending, for two years, a law that allows insurers writing personal lines in the state to increase or decrease rates by up to 6% without seeking regulatory approval.

The law was originally enacted in 2006 and was scheduled to expire this year.


LOUISIANA PROHIBITS APPLICATION
OF CRIMINAL ACTS EXCLUSIONS
TO CERTAIN ANIMAL ATTACKS

new law in Louisiana makes owners of dogs and other animals liable for criminal prosecution if they are recklessly negligent in confining or restraining an animal which injures or kills another person.

The law adds that liability insurers cannot use criminal acts exclusions to exclude otherwise applicable coverage for injuries arising from incidents for which an animal owner is prosecuted under the new law.

The law does not apply to livestock, police animals, service animals, or animals certified for use in search and rescue.


WISCONSIN MANDATES UM/UIM
COVERAGE UNDER UMBRELLAS

 A new Wisconsin law (see pages 1541 through 1547) requires that uninsured and underinsured (UM/UIM) motorists coverage be offered with every umbrella/excess liability policy separately from an underlying auto policy.

Prior to the enactment of this law, umbrella/excess policies were exempted by regulation from UM/UIM requirements.

AAIS will develop materials needed to comply for all of its umbrella programs and notify affected companies by bulletin of their filing and approval.


MONTANA REQUIRES REPLACEMENT
OF MATERIALS TO ACHIEVE A MATCH

An advisory memorandum from Monica Lindeen, Montana's commissioner of securities and insurance, indicates that, if materials are not available to achieve a reasonable match between replacement property and undamaged property, the existing materials must be replaced to achieve a match.

The memo is addressed to all authorized insurers, producers, and claims adjustors, but does not specify any enforcement actions.


INSURERS HAVE UNTIL JULY 29
TO COMMENT ON NEW YORK
DISCLOSURE REGULATION

July 29th is the deadline for comments on the latest draft of a proposed revision to New York's producer disclosure regulation.

Under the draft, producers would have to disclose whether it received compensation from the insurer providing a contract, but would only have to provide details about the compensation, alternative quotes, and other details if requested by the purchaser.


AAIS MEMBERS ELIGIBLE
FOR RAA MEMBER DISCOUNTS
ON REINSURANCE SEMINAR FEES

Under an arrangement with the Reinsurance Association of America (RAA), staff from AAIS member companies can attend reinsurance education programs at RAA member rates.

The 2009 program lineup includes:

  • Re Underwriting: An Educational Forum for Underwriting Professionals, July 30;

  • Re Claims: Reinsurance Claims Management, September 24-25; and

  • Re Finance: The ABCs of Financial Reporting & Analysis for Property/Casualty Insurers and Reinsurers, October 7-8.

All of these events are scheduled to be held in New York City.

 

For information about each program, or to register, go to www.reinsurance.org/seminars. When registering, choose "member" as your "registrant type" to get the tuition discount.

 


EXHIBITS AVAILABLE FROM 
'SECTION 111' WEB SEMINAR

Insurers can access exhibits from a recent web seminar about complying with a new federal mandate for reporting certain liability claims. The exhibits can be accessed from a web page AAIS has created to provide information on Section 111 reporting to its member companies.

Under Section 111 of the 2007 Medicare, Medicaid, and SCHIP Extension Act, liability insurers and other entities are required to report all payments made for bodily injury and "med pay" claims to persons enrolled in Medicare.

AAIS recently arranged for two providers of Section 111 consulting and solutions--Perr & Knight and Crowe Paradis--to make presentations for AAIS companies.

AAIS programs affected by the liability claim reporting mandate are:

  • Personal Lines: Boatowners, Dwelling Properties (Landlord's Package only), Homeowners, Mobile-Homeowners, Personal & Premises Liability, and Personal Umbrella

  • Commercial Lines: Artisans, Businessowners, Commercial Liability, and Commercial Umbrella

  • Farm & Ag Lines: Agricultural General Liability, Farmowners, and Farm Umbrella

For more information on Section 111 reporting and deadlines for compliance, go to the website of the Center for Medicare and Medicaid Services (CMS).


Transmitted by the American Association of Insurance Services, 1745 S. Naperville Road, Wheaton, IL 60189.
 


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