Masonry Magazine May 1968 Page. 32
32
Fireplacing simplified.
WARM
COOL
with the
famous
HEATILATOR Mark C
HEAT CIRCULATING FIREPLACE
THAT'S GUARANTEED SMOKE-FREE
Use the famous Heatilator Mark C fireplace unit to eliminate time consuming areas in fireplace construction. All essential parts-smoke dome, down draft shelf, damper, throat and firebox are scientifically designed and located. All you do is lay up brick around the fireplace unit and attach adequate size flue tile to dome top. You'll save time and material-make more money, too.
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Heatilator Dome Dampers provide proper throat design and close-tight damper control. Installation is fast, easy.
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America's leading fireplaces
What? Not Covered!
(Continued from page 6)
thing conceived by the carrier or the amount of premium being charged.
For example, the courts held for the insured and against the carrier (Rafiner v. Michigan Mutual 392 SW 2nd 240) where they had a clear-cut Completed Operations claim and a seemingly clear-cut lack of products Completed Operations coverage in the insured's policy. The court simply ruled that the words were in the contract and that they should not have been there if the carrier did not intend to provide such insurance for service operations of the insured. Little wonder that the format has been changed! Many of the new policy provisions are designed to preclude this kind of interpretation far beyond underwriters' intent.
Much has been written, too about a newly stated Insured's Duty which reads, "The named insured shall promptly take at his expense all reasonable steps to prevent other bodily injury or property damage arising out of the same or similar conditions, but such expense shall not be recoverable under this policy."
This is similar to a clause appearing in Property insurance policies, which requires the insured to take steps to prevent additional damage once a loss has been discovered, and a duty always implied in the Liability contract as well. The Liability policy was designed to protect against unexpected and unintended injury or damage claims, not to replace the insured's duty to operate in a reasonably safe manner or to turn out a product ostensibly free of dangerous fault.
We are not concerned that this duty will suddenly permit companies to deny coverage for a second or third claim from the same cause as the first. "Reasonable" is the key word, and there is plenty of evidence to indicate that the courts traditionally rule such matters in favor of the insured, as indeed they should.
Most of the remaining limitations, new and old, will be outlined in the following articles under their respective headings. In compiling such a lengthy list we may be giving the impression that a tremendous amount of exposure is left unprotected, but the fact is these standard contracts form the basis for insuring everything from the smallest contractor to the largest steel company or pharmaceutical house with correspondingly varied hazards. As a base, we think they are a splendid start from which to tailor coverage as exposures and premium capacity permit. If you consider each industry and the more apparent liability it is apt to incur, the odds are very good that these standard contracts will cover as needed.
Further changes and refinements, hopefully in the insured's favor, will undoubtedly be made as time goes on. These will be reported upon whenever they sufficiently alter the facts and examples cited here to warrant a new edition.
What? Not Covered! will be continued in next month's MASONRY.