(April 2018)
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The Insurance Services Office (ISO) Machinery and Equipment Coverage Form applies to specifically described and identified owned and non-owned mobile or portable property. Examples of the types of property this coverage form can be used to insure are voting machines, vending machines, Automated Teller Machines (ATM's), welding equipment, jukeboxes, and robotics.
Machinery And Equipment Coverage requires at least the following six forms:
Related Article: IL 00 17–Common
Policy Conditions Analysis
Related Article: CM 00 01–Commercial Inland Marine Conditions
The advisory Machinery and Equipment Declarations does not have spaces for the named insured, its mailing address, other named insured information, the policy period, or the description of the insured business. That information is on the Common Policy Declarations. IH DS 94 contains the following information:
The name of the insurance company that provides the coverage and the name of the agent or broker that produces the business are entered in the spaces provided.
Note: The same coverage form is used regardless if the coverage is on a scheduled basis, blanket basis, or combination of the two.
This section has spaces to enter limits of insurance for the following:
Specific property is listed with a limit entered for each item.
A single limit must be entered that caps the amount available to pay for a single occurrence.
A description must be provided for the property items that are to be blanketed. A per item sub-limit for and an occurrence limit must be entered.
A Theft from Unattended Vehicle exclusion is part of the coverage form. If a check is placed in this box, that exclusion is deleted.
This section has a space to enter the coinsurance percentage that triggers the coinsurance additional condition. When the percentage is entered, it applies only to the scheduled items.
This section has two spaces to enter the amount of deductible that applies. One deductible amount applies to Scheduled Property. The other applies to Blanket Property.
Note: If a loss occurs that involves both scheduled property and blanket property only the higher of the two deductibles apply to the loss.
The following is entered when coverage is written on a non-reporting basis:
The following is entered when coverage is written on a reporting basis:
Any special provisions are entered in the space provided.
This analysis is of the 12 13 edition. Changes from the previous edition are in bold print.
Introduction
This section encourages the careful reading of the entire coverage form to determine what is covered, what is not covered, rights, and duties. It defines we, us, and our as the insurance company that provides this insurance coverage. It also defines you and your as the named insured on the declarations. Other words that have special meaning are defined in F. Definitions.
The insurance company pays for direct physical loss or damage to covered property but only when that loss is from a covered cause of loss.
1. Covered Property
Covered property is the property described in the declaration that is the named insured's mobile or portable machinery and equipment. Similar property of others in the named insured’s care, custody, or control is also considered covered property.
Note: Machinery and equipment coverage is usually written by scheduling each item of equipment and stating its value or limit of insurance. This is not always practical, especially when the named insured has numerous insurable items. Another approach is to write a blanket limit, generally, describe the type of machinery or equipment, and declare a maximum limit for each item as well as an aggregate limit to apply in any one occurrence. A third alternative is to schedule larger items and then blanket smaller items subject to a maximum limit per item.
2. Property Not
Covered
The following described property is not covered:
a. Accounts, bills, currency, documents, records, deeds, money, notes, securities, or stamps
Note: This
property is a mix of property that should be covered under commercial crime,
accounts receivable, and valuable papers coverage forms.
Related
Article:
ISO Accounts
Receivable Coverage Form Analysis
b. The machinery or equipment contents
Note: Contents can range from candy to compact discs to cash to votes.
Example: Kitty Towels provides laundry service for beach towels
at several local hotels. The “Get the Kitty Towel” machine is located next to
the cabana and guests can select a towel from it by swiping their hotel
passkey. The “Feed the Kitty” next to it is where the guests place their used
towels and swipe their passkeys to get credit for the returned towel. The machines
and their contents are destroyed during a windstorm. The machines are covered but the destroyed
towels are not. |
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c. Agricultural type machinery and equipment
Note: This type of property is usually insured under farm equipment floaters, coverage forms, and policies.
d. Contractors' equipment
Note: This type of property is more correctly written on contractors' equipment coverage forms and policies.
Related Articles:
AAIS Contractors’ Equipment Coverage Forms
ISO Contractors’ Equipment Coverage Form
e. Physicians and surgeons equipment
Note: This type of property is usually insured under physicians and surgeons equipment coverage forms and policies.
Related Articles:
ISO Physicians and Surgeons Equipment Coverage Form
AAIS Physicians and Dentists Equipment Coverage
f. Scientific and medical diagnostic equipment
Note: This type of property is usually insured under scientific or medical diagnostic equipment coverage forms and policies.
Related Articles:
AAIS Mobile Medical Equipment Coverage
ISO Scientific and Medical Diagnostic Equipment Coverage Form
g. Aircraft, watercraft, or motor vehicles. However, only motor vehicles designed to be used on public roads are excluded.
Note: Aircraft and watercraft are usually insured under aircraft, boat, yacht, or watercraft coverage forms and policies. Motor vehicles are usually insured under commercial auto coverage forms and policies.
Related Article: CA 00 01–Business Auto Coverage Form Analysis
h. Owned property that is loaned, leased, or rented to others
Note: This
property is excluded because the named insured does not have possession or
control of it and there is no way to guarantee that it is being used correctly
or safely. As a result, this coverage form’s pricing is not sufficient for that
type of exposure. Specific coverage for equipment rented to others must be
purchased.
i. Property the named insured accepts but only when the named insured is operating as either a common or a contract carrier for hire
Note: This type of property is usually insured under motor truck cargo carriers coverage forms and policies.
Related Articles:
AAIS Motor Truck Cargo Legal Liability Coverage Forms
ISO Motor Truck Cargo Carriers Coverage Form
j. Property that is for sale. Property that is being held for sale under a consignment agreement. Property that is in the process of being manufactured.
Note: This type of property is usually insured under standard commercial property coverage forms and policies.
Related Article: CP 00 10–Building and Personal Property Coverage Form Analysis
k. Contraband. Any property that is illegal for the named insured to own or that is in illegal trade or transportation is not covered.
3. Covered Causes of Loss
Covered causes of loss are direct physical loss or damage to covered property with the exception of causes of loss that are listed in the exclusions section.
4. Additional
Coverages
Some of the following additional coverages are also additional amounts of insurance.
a. Additional Acquired Property
The named insured may acquire additional property similar to the kind
this coverage form insures during the policy period. If it does, such property
is covered for up to 30 days but not past the expiration date. The most the
insurance company pays for loss or damage is 25% of the sum of the limit of
insurance for all scheduled equipment on the declarations or $10,000, whichever
is less. The named insured must report the value of the newly acquired property
to the insurance company within 30 days after it takes possession of it and pays premium
for it from the acquisition date. If this is not done, coverage ends after 30
days or at the expiration date, whichever occurs first.
Three important conditions apply:
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Example: Vern's Vending Service rents a wide variety of vending machines, most
of which dispense soft drinks and snacks. Vern also services vending machines
of others that need repair or periodic maintenance. One of his competitors
decides to retire and offers Vern his remaining stock of vending machines
after having divested himself of most of them over the past year. Vern likes
what he sees, offers twenty-five cents on the dollar of their value, and the
competitor accepts the offer. Vern plans to pick them up in about two weeks
and decides to wait until then to report the acquisition to his insurance
agent. If a loss occurs during that time period, payment is limited to 25% of
the sum of his scheduled limits or $10,000, whichever is less. |
b. Debris Removal
A property damage loss usually creates debris that must be removed. The
insurance company pays the cost of removing the debris of a covered loss. The
expenses must be reported to the insurance company in writing within 180 days
of the date of loss. The most paid is 25% of the sum of the following:
Payments under this Additional Coverage do not increase the limit of
insurance that applies. However, the insurance company pays an additional
$5,000 per occurrence when the direct physical loss or damage combined with the
debris removal expense exceeds the limit of insurance or when the debris
removal expense is more than the amount payable under the above described 25%
limitation.
This coverage does not apply to costs to extract pollutants from land or
water or to remove, restore, or replace polluted land or water.
c. Preservation of Property
Covered property may need to be moved in order to keep it from being damaged by a covered cause of loss. When the named insured takes such action, the insurance company pays for any direct loss or damage that such property sustains during the move. In addition, coverage applies at the location where the property is stored for up to 30 days after the date it was moved there.
This additional coverage does not increase the limit of insurance.
Notes: There are several important points to consider:
The property removed must be moved back within 30 days from the date of the move.
d. Pollutant Clean Up and Removal
The insurance company pays to clean up pollutants caused by or that
result from a covered cause of loss that occurs during the policy period. The
most paid is $10,000 per premises as an aggregate amount during each separate
12-month policy period. The expenses are paid only if they are reported to the
insurance company in writing within 180 days of the date of loss.
This coverage does not apply to costs to evaluate the presence or
effects of pollutants. However, it does pay for testing that is part of the
extracting of pollutants process from either land or water.
This limit is an additional amount of insurance.
Example: Vern keeps a large tank of solvent
adjacent to his workshop. He uses its contents to clean and refurbish his
stock of vending machines and to perform preventive maintenance. His
employees were unloading a large vending machine from the back of a truck
when they lost control and it fell against the solvent tank. It ruptured and
its contents discharged and ran down the slope to a small pond. The amount
that reached the pond was fairly small but both it and the ground had to be
cleaned up and remediated, at a cost of just over $12,500. This additional
coverage paid its $10,000 limit. |
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1. Primary Exclusions
The first group of exclusions applies whether or not the loss event
results in widespread damage or affects a significant geographical area and is
essentially absolute. Subject to specific exceptions, each is totally excluded,
regardless of any other cause or event that contributes to a loss, either
concurrently or in any other sequence. The insurance company does not pay for
any direct or indirect loss or damage caused by or that results from any of
these events.
a. Governmental Action
This exclusion applies to the legal and authorized seizure or
destruction of property by a government entity’s order. There is one exception.
Loss or damage that is caused when the governmental entity orders property to
be destroyed is covered if used as a method to prevent a fire from spreading is
covered. However, this exception applies only if the fire being contained would have been a covered fire
under this coverage form.
b. Nuclear Hazard
Nuclear reaction, radiation, or radioactive contamination is not
covered. There is an exception. If a fire results from the nuclear reaction, radiation or radioactive contamination
there is coverage for the direct loss or damage caused by that fire.
c. War and Military Action
This exclusion lists three specific warlike activities.
2. Secondary
Exclusions
The second group of exclusions applies to loss or damage caused by or
that result from any of the following loss events. Some of these exclusions
have exceptions, conditions, or limitations that should be noted and reviewed
carefully. The insurance company does not pay for any loss or damage caused by
or that result from any of these events.
a. Delay, loss of use, and loss of market
These are consequential or indirect losses that develop as a result of a
direct loss or damage.
b. Dishonest or criminal acts (12 13 changes)
These are any dishonest or criminal acts that the named insured, its
partners, employees, temporary
employees, leased workers, officers, directors, trustees, authorized
representatives, or members and managers of a limited liability company commit. This also includes theft.
Such acts committed by anyone with an interest in the property, their
employees, temporary employees, leased
workers, or authorized representatives who act alone or who act in
collusion with other parties or with each other are also excluded. This exclusion
also applies whether or not the acts take place during regular working hours.
This exclusion does not apply
to acts of destruction by the named insured’s employees, temporary employees,
leased workers, or authorized representatives. However, there is no coverage
for theft by the named insured’s employees, temporary employees, leased
workers, or authorized representatives.
The 12 13 edition removed the
part of the exclusion in the previous edition that applied to dishonest or
criminal acts committed by anyone entrusted with the property for any reason.
c. Processing or work upon
the property
Loss or damage that is caused when covered property is being processed
or worked upon is not covered. This applies regardless of who is doing the
processing. There is one exception. If a fire or explosion results from such
work or processing of covered property, any damage to covered property caused
by that fire and explosion is covered but
only if the fire or explosion is otherwise covered under this form.
Example: Jason is servicing a vending machine. He
takes the front panel off and places it against the machine, a skateboarder
gets too close and the panel falls hard on the concrete damaging the
electronics on the inside of the panel. This loss is not covered because it
occurred while the machine was being worked on. |
d. Theft from an unattended vehicle
When the loss is due to theft from an unattended vehicle, there is no
coverage. There are three exceptions.
e. Unexplained disappearance
When covered property is gone and there is no obvious cause or
explanation of what happened to it.
f. Shortage found upon taking inventory
Any loss that is discovered as a result of an inventory shortage and
there is no explanation as to what happened to the property, similar to unexplained disappearance. This is sometimes
referred to as "inventory shrinkage."
g. Artificially generated electrical, magnetic, or electromagnetic energy
Loss or damage that is caused by or that results from artificially
generated electrical, magnetic, or electromagnetic energy damaging, disturbing,
disrupting, or interfering with any of the following:
Examples of this excluded energy are electrical current, charges a magnetic or electromagnetic field produces, and microwaves but are not limited to just these. There are two exceptions:
h. Voluntary parting
The named insured or anyone else entrusted with the property being
tricked or deceived into giving that property away.
i. Unauthorized instructions
When covered property is transferred to another person or place because
unauthorized instructions were received to do so.
j. Neglect
Neglect on an insured’s part to do take reasonable measures to preserve
and protect covered property from subsequent damage during and after the time
of loss.
k. Theft (12 13 addition)
Theft by any person the named
insured entrusts covered property to for any reason, whether they act alone or
act in collusion with any other party. This exclusion applies 24 hours a day/7
days a week. There is one exception. Covered property that is in a carrier for hire’s care, custody, or
control is not subject to this exclusion.
3. Other Exclusions
This group of exclusions applies to loss or damage caused by or that
result from any of the following loss events. In every case, if loss or damage
by a covered cause of loss occurs as a result of one of these excluded events,
coverage applies to the loss or damage the resulting covered cause of loss causes. The insurance company does not pay
for any loss or damage caused by or that results from any of these events.
a. Wear and tear, depreciation
This is loss or damage due to wear, tear, and depreciation.
Notes:
Wear and tear is damage that occurs naturally as a result of aging or
normal wear.
Depreciation is a loss of value
due to wear.
b. Any quality in the property
These are any qualities in the property that cause it to destroy or
damage itself.
Note: An example is loss or damage caused by hidden or latent defects in the property.
c. Mechanical breakdown
This is loss or damage caused by or that results from machines, tools,
or mechanisms failing to operate or function properly.
d. Insects, vermin, or rodents
This is loss or damage to covered property caused by or that results
from insects, vermin, or rodents.
Note: Some examples are damage from mice, rats,
cockroaches, squirrels, beavers, spiders, ants, centipedes, and ticks. Each is
characterized by destructive habits that cause damage, such as gnawing and
nibbling.
e. Corrosion, rust, dampness, or extremes of temperature
This is corrosion, rust, dampness, or extremes of temperature that cause
loss or damage to covered property.
Notes:
Rust and corrosion are low-temperature oxidation processes that result
in deterioration over time due to inactivity or neglect.
Dampness and temperature extremes can affect the oxidation process that
affects different forms of property. They can also have other effects on the
same and other forms of property.
The most the insurance company pays for loss or damage in a single
occurrence is the limit of insurance on the declarations for the applicable
coverage.
The insurance company does not pay for loss or damage until the amount
of the adjusted loss or damage (before capping with
the limit of insurance that applies) exceeds the deductible on the
declarations. It then pays the amount of the adjusted loss or damage that
exceeds the deductible up to the limit of insurance that applies.
Both scheduled and blanket covered property may sustain loss or damage
in the same occurrence. In that case, the higher deductible on the declarations
applies to the loss.
These conditions are in addition to the Commercial Inland Marine Conditions and the Common Policy Conditions.
1. Coverage Territory
The coverage territory is the United States of America, its territories
and possessions, Puerto Rico and Canada. This includes property shipped by air
within and between these points.
2. Coinsurance
This condition applies if there is a coinsurance percentage on the
declarations.
The insurance company does not pay the full amount of any loss or damage
if the value of the covered property at
the time of loss or damage multiplied by the coinsurance percentage is more
than the limit of insurance for all covered property at that location. In such
cases, the amount the company pays is determined as follows:
Step
a. Multiply the value of
the covered property at the time and location of the loss or damage by the
coinsurance percentage on the declarations.
Step
b. Divide the limit of
insurance for the covered property at the
location where the loss or damage occurred by Step a.
Step
c. Multiply the total
amount of loss or damage at the loss location by Step b. before applying the
deductible (if any).
Step
d. Subtract the amount of
deductible from Step c.
The insurance company pays the lesser of Step d. or the limit of
insurance. Any amount that remains must be paid by other insurance or the named
insured must pay it from its own funds.
There is one definition.
Pollutants
These are any solid, liquid, gaseous, or thermal irritants or
contaminants. Pollutants also include smoke, vapor, soot, fumes, acids,
alkalis, chemicals, or waste. Waste is any material intended to be recycled,
reconditioned, or reclaimed.
ISO has not developed any specific endorsements for exclusive use with the Machinery and Equipment Coverage Form. ISO has developed four other endorsements that can be used to respond to specific situations.
IH 99 06–Schedule
Additional items can be listed on this schedule when they do not fit on
the Declarations.
IH 99 07–Replacement
Cost
The Machinery and Equipment Coverage Form is usually written on an actual cash value basis. This endorsement is added to cover all property on a replacement cost basis or only certain described property identified on the declarations.
IH 99 08–Value
Reporting Form
This endorsement converts coverage from a non-reporting to a reporting basis. Reports of value can be provided on a daily, weekly, monthly, quarterly, or policy year basis, depending on the terms of each form.
IH 99 19–Additional Covered Property
This endorsement is used to include coverage for types of property ordinarily excluded.
IH 99 20–Additional Property Not Covered
This endorsement is used to exclude certain types of property the coverage form insures.
IH 99 22–Loss Payable
Loss payees who have insurable interests in covered property are listed
on this endorsement along with the property in which they have that interest.
Note: No commitment is made to notify them of any cancellation.
This coverage form insures specific items or types of mobile property that are subject to being moved from one location to another. This means that underwriting must address location-specific issues when the property is on the named insured’s premises for storage and/or maintenance, location-specific issues when the property is at the site where it is used and transit exposures between the two locations.
The named insured’s premises is where the highest concentration of the property may be found. It is important to establish the highest value that could be at that location. Basic property underwriting issues of construction, occupancy, public and private fire protection, and surrounding exposures must be evaluated. If theft is an issue, security must be evaluated and appropriate protective systems incorporated where needed.
When there are a significant number of sites where the named insured’s equipment is kept, such as vending machines, a procedure must be in place to identify where the equipment is so that periodic maintenance can be performed and equipment can be monitored. The property itself can vary widely in its damageability, size, and value and a single machine can have all of these variable elements. Vandalism damage to the machines can become significant depending on the location and circumstances where the machine might be placed. Vending machines inside buildings are safer than vending machines in the open or near public walkways.
Transit is a significant exposure because the property must be moved from one location to another.
Loss history must be carefully reviewed and the longer period of time available, the better because anticipating the types of losses that can occur and applying effective loss prevention encourage the named insured to take all reasonable steps to prevent them from happening. In some cases, underwriting may require high deductibles, special handling, packaging, or security systems and alarms as a condition of coverage.