Naturally Occurring Substances Can Expose Construction Firms to Environmental Liability

What do silica, mercury, arsenic, pyrite, and asbestos have in common? They all are recognized as toxic substances, or contain toxic substances as defined by the U.S. Environmental Protection Agency. Their very presence on a construction site presents a serious exposure for a construction contractor.

There are potentially hazardous consequences when these toxic substances are uncovered during construction:

·   Mercury – is a human neurotoxin; meaning it acts specifically on neurons or nerve cells. It is most hazardous to developing fetuses and small children. Eating mercury-contaminated fish is the way most humans become exposed. When mercury enters water, certain conditions can cause it to convert to methyl mercury. Methyl mercury is ingested by aquatic creatures and becomes more concentrated as it moves along the food chain. Humans receive the highest forms of concentration because they are at the end of this food chain.

·   Pyrite – has a high sulfur content, which if exposed to oxygen or water will form sulfuric acid. When a construction project releases significant amounts of pyrite into the surrounding area, it can result in high amounts of acid drainage, which enters surrounding bodies of water. The acid drainage contaminates streams and water wells of area residents.

·   Asbestos – has little or no impact on the environment and human health if left undisturbed. However, when construction releases natural asbestos fibers into the atmosphere, it exposes workers and residents of the surrounding area to respiratory hazards. Asbestos is known to cause cancer of the lungs and of the lining of internal organs.

·   Silica – is most dangerous in the crystalline form known as silicon dioxide. People who have been exposed to silica and contract silica-related respiratory conditions usually have inhaled tridymite or crystobalite contained in the dust released during construction. Although all forms of crystalline silica are different in chemical structure, all can eventually be deadly.

·   Arsenic – has been linked to cancer of the bladder, lungs, skin, kidney, nasal passages, liver, and prostate. Non-cancer effects can include thickening and discoloration of the skin, stomach pain, nausea, vomiting, diarrhea, numbness in hands and feet, partial paralysis, and blindness.

What specific implications does the presence of these toxic substances have on environmental liability insurance?  Many of these policies contain wording that excludes these naturally occurring substances from the coverage. In Contractor’s Pollution Liability Insurance (CPL), there are several ways exposure to naturally occurring hazards may be excluded. For example, the insurer could include a specific exclusion for naturally occurring substances in the exclusions section of the policy. No coverage would apply to claims based upon any naturally occurring substances in their unaltered form, or in an altered form due to naturally occurring processes.

A second way to exclude these substances from coverage is to exclude them by definition. In the policy’s definition of covered pollution conditions, the definition does not include naturally occurring substances. Pollution conditions are defined as the emission, discharge, dispersal, release or escape of pollutants, which are not naturally occurring. This negates coverage for these substances.

Does this mean you shouldn’t purchase a CPL policy? The answer to that question would be “no.” There are a number of different policy forms. Talk to your insurance agent to get the one that is best suited to your needs.

It’s My Condominium, Do I Need Coverage?

Owning a condominium is a cross between being a homeowner and being a renter.  The unit you purchased belongs to you, but you are still subject to the by-laws of the association that runs the entire complex.  That puts you smack dab in the middle when it comes to insurance coverage.

Generally speaking, the condo association will have a master insurance policy that covers general liability for the physical structure and physical damage to the common areas that you share with all of the other unit owners.  Keep in mind that while you are covered under the master policy, it is only for these specific instances.  It is important that you determine which structural parts of your condo are covered by the association’s master policy and which are not.

You also need your own coverage to protect you in the event you lose your possessions.  You may also want to obtain coverage for third party injury liability within your unit, property damage to another unit that is caused by you, the loss of structural improvements that you have made to the unit, and additional living expenses that result from having to move out of your unit temporarily.

When you purchase individual coverage, keep in mind that premiums, types of coverage, and limits are affected by factors such as your geographic region and credit score.  Talk to your insurance agent about what discounts the company offers for such items as installing smoke detectors and dead bolt locks, purchasing insurance for both your condo and your car with same company, and maintaining your home as a non-smoking environment.  Also, if you want to lower your annual premium, you may consider raising your deductible; however, if you choose a higher deductible, you will pay for smaller claims out-of-pocket.  Handling smaller claims yourself is a good practice under any circumstances because too many small claims can raise your rates significantly.

Make sure your personal policy includes liability coverage even though you are covered under the general liability coverage in the master policy.  You need liability coverage to protect yourself in the event of accidents to guests that occur within the confines of your dwelling.  You could also be liable if an action of yours inadvertently causes damage to the physical structure or to common areas.  The condo association may have insurance coverage, but if you were negligent, they can and will seek redress from you.

When you are reviewing the actual coverage, keep in mind two important considerations.  When given the option of replacement coverage or actual cash value coverage, choose the former.  Cash value is cheaper, but you will pay for that savings down the road if something happens to your possessions.  Actual cash value policies reimburse you for what you paid for the items, minus depreciation.  With replacement insurance, you are reimbursed for what it will cost to replace your possessions at today’s market value.

The second consideration is coverage for loss of use.  This reimburses you for the expense of a hotel room or other temporary accommodation if you’re temporarily forced out of your home.  Loss of use coverage is usually limited to 20% of the personal property limits on your policy. 

Study Shows SUVs Are Not Safer for Kids

If you have children, you are always on the alert for products that will keep them healthy or safe.  Keeping this in mind, ad agencies for the top automobile makers design their commercials to tout just how safe your children will be on the road while riding in their clients’ cars.  The safety factor has usually been a great gimmick, especially when it came to the SUV.  Well, not any more.

A new study from The Children’s Hospital of Philadelphia states that children riding in SUVs have the same injury risks as children riding in passenger cars.  The study was published in the January 2006 edition of Pediatrics, the journal of the American Academy of Pediatrics.  The researchers concluded that an SUV has a greater chance of rolling over during a crash and that this liability outweighed the safety benefits derived from riding in a larger, heavier-weight vehicle.  The doctors who conducted the study justified the necessity for their research because of the growing popularity of SUVs and their increased use as family vehicles.  They added that due to the large size of SUVs, many parents perceived them as safer family vehicles, even though not much is known about child safety in SUVs compared to passenger cars.  The objective of the study was to compare the potential risk of injury to children involved in SUV crashes with children involved in crashes in passenger cars.

This study, which is part of a continuing collaboration between Children’s Hospital and State Farm Insurance Companies, examined State Farm’s crash records involving 3,933 children between the ages of 0 and 15 years, who were riding in either 1998 or newer SUVs or passenger cars.  They found that rollover was a major factor in the risk of injury in both types of vehicles.  They also discovered that rollover occurred twice as frequently in SUVs as in the passenger cars.  Children who experienced rollover crashes were three times more likely to be injured than children who were not involved in a rollover.

The research went on to note that children who were not properly strapped into a car seat, booster seat or wearing a seatbelt during an SUV rollover had 25 times greater risk for injury than children who were appropriately restrained.  Almost 41 percent of all the children who were not appropriately restrained suffered a serious injury.  By comparison, only three percent of appropriately restrained children in SUVs were injured, and less than two percent of appropriately restrained children in passenger cars were hurt.

In a study conducted in 2005, Children’s Hospital discovered that State Farm crashes involving children riding in SUVs increased from 15 percent in 1999 to 26 percent in 2004.  The percentage of crashes involving children riding in passenger cars decreased from 54 percent in 1999 to 43 percent in 2004.

Improving Air Quality Protects Welders’ Health

Airborne particles pose significant potential health hazards for welders. That’s because there’s a co-relation between the chemical and physical properties of airborne particles and respiratory diseases. Protecting these workers from inhaling particles is key to protecting their health.

The greatest risk comes from particles that are between 1 and 100 microns in diameter, such as dust produced during industrial processes like welding and grinding. These particles are able to work their way through the nose and throat and penetrate the gas exchange region of the lungs where they settle, causing inflammation and swelling of the blood vessels.  Inhaling these particles over the long-term can lead to lung cancer.

Lung cancer begins with changes in the lungs that are characterized by the development of abnormal cells on the lining of the bronchi, the large air tubes that carry air to and from the lungs. These cells multiply with continued exposure and eventually become cancerous, and develop into tumors. Symptoms of lung cancer include chronic cough, hoarseness, chest pain, shortness of breath and numerous episodes of bronchitis and pneumonia.

Another less serious exposure-related illness that affects welders is metal fever. This is an acute allergic condition that causes headache, fever, chills, muscle aches, thirst, nausea, vomiting, chest soreness, gastrointestinal pain, and weakness. These symptoms usually last from 6-24 hours and complete recovery happens within 48 hours.

To prevent workers from contracting illnesses associated with airborne particles, it is imperative that the workplace offers adequate ventilation that removes contaminants generated during the welding process. The most effective way to accomplish this is through a combination of dilution ventilation and local exhaust ventilation techniques.

Dilution ventilation is used to decontaminate air in a whole building or room by blowing in large amounts of clean air and exhausting dirty air. This process dilutes the concentration of contaminants within the air to less dangerous levels. The most common methods of dilution ventilation include roof exhaust fans and wall fans.

One significant drawback of this method is that it allows the contaminants to enter the welder’s breathing zone before they are removed from the environment. If used exclusively, dilution ventilation may not be adequate to control exposure. For best results, dilution ventilation should be used in combination with local exhaust ventilation. This method captures contaminates at or very near the source and exhausts them outside.

Some welding equipment includes local exhaust ventilation, which removes the contaminates at the point of origin. Other local exhaust ventilation systems include a hood that can be placed as near as practical to the work being welded and provided with an airflow in the direction of the hood, or a fixed enclosure with a top and at least two sides that surround the welding work and provided with an airflow away from the enclosure.

Local exhaust ventilation prevent contaminates from entering the welder’s breathing zone. In addition to being discharged outside the building, local exhaust can be re-circulated through an air cleaner.

Ensure Your Boating Experience Is a Real Pleasure Cruise

Published reports from the U.S. Coast Guard show that boating deaths and injuries increased for the second consecutive year in 2006. Aside from the disturbing trend in boating deaths, the biggest change was actually in the amount of property damage, $43 million in 2006 as compared with $38 million in 2005.

These statistics should serve as a powerful reminder to all watercraft owners to review their insurance coverage. Owners of canoes, small sailboats, and small engine powerboats generally have limited coverage for physical damage included with their homeowner’s insurance policy, but liability coverage has to be added as a policy endorsement. Physical damage coverage is typically equal to 10 percent or less of their home’s property value. If you find the coverage limits offered by your homeowner’s policy to be insufficient, you’ll likely need a separate boat insurance policy.

Since no coverage exists under a homeowner’s policy for larger boats, yachts, jet skis and wave runners, a separate boat insurance policy is a must. Coverage for physical damage includes the hull, machinery, fittings, furnishings and permanently attached equipment up to pre-determined amount. Such policies also provide additional protection for:

  • Injuries to another person
  • Damage to someone else’s property
  • Legal expenses incurred by someone using the boat with the owner’s permission
  • Injuries to the boat owner and other passengers

Even though you may have solid insurance coverage, the Insurance Information Institute (III) offers the following suggestions to help you avoid having to file a claim:

    1. Check weather forecasts before heading out.
    2. Let someone know where you’re going and when you expect to return.
    3. Check engine, fuel, electrical and steering systems, especially for exhaust-system leaks.
    4. Carry one or more fire extinguishers, matched to the size and type of boat. Keep them readily accessible and in condition for immediate use.
    5. Equip the vessel with required navigation lights and with a whistle, horn or bell.
    6. Don’t overload. Distribute weight evenly.
    7. Don’t stand up or shift weight suddenly in a small boat; and don’t permit riding on the bow, seatbacks or gunwales.
    8. Be sure you bring paddles or oars, a first-aid kit, a supply of fresh water, a tool kit and spare parts, a flashlight, flares and a radio.
    9. Make sure that every person on board wears a life jacket.
    10. Never operate a boat while under the influence of alcohol or drugs.

Ten Ways to Protect Vacant Buildings

A slowdown in the economy leads to business cutbacks and closings, which ultimately results in vacant buildings. According to real estate firm CB Richard Ellis, the 2007-09 recession increased the average vacancy rate for offices to 17 percent nationwide; nearly 10 percent of retail spaces were vacant. When buildings contain no occupants or personal property, they become susceptible to a variety of problems. There are approximately 31,000 fires in vacant buildings annually, resulting in dozens of deaths, hundreds of firefighter injuries, and an average $642 million in property damage.

Vacant buildings receive little or no maintenance, attention, or security. This can lead to problems such as:

* With no security on the premises, the building becomes a target for vandals. Vacant buildings frequently wind up with broken windows and graffiti-covered walls.

* Fixtures and materials inside the building, such as copper piping, may attract thieves.

* Vacant buildings can become convenient hang-outs for young people or shelters for homeless people; they also can become centers of criminal activity such as drug dealing.

* Trespassers smoking on the premises, decayed wiring, arson, and production of illegal drugs like methamphetamines may cause fires in vacant buildings. In addition, automatic sprinkler systems may be shut off, allowing fires to spread, and lack of security prevents early detection.

* Toxic substances remaining on the premises may leak and contaminate soil and groundwater.


Owners of vacant properties can take many steps to prevent these problems or make them less likely.

* Visit the property at least weekly or hire a property management company to do so.

* Clear the exterior of the building of scrap wood, paper, cardboard, and brush.

* Remove any toxic substances that could contaminate the area or harm police or firefighters.

* Maintain sidewalks and parking areas in good condition, and clear them of snow and ice.

* Erect obstacles to keep vehicles and pedestrians out of the parking areas.

* Hire security guards to watch the building at night and have exterior lighting turned on.

* Maintain the heat or drain the plumbing system to keep pipes from bursting, but maintain at least a minimum temperature in areas protected by automatic sprinkler systems.

* Maintain electricity to emergency lighting and exit signs.

* Shut off utilities except where necessary to power desired lighting and alarm systems.

* Maintain fire detection systems and link them to a central station monitoring service.

Buildings that are more than 69 percent vacant for more than 60 days lose some important insurance coverage. The standard commercial property insurance policy reduces loss payments by 15 percent for most causes of loss and does not cover others at all, including vandalism, water damage, glass breakage, and theft. For an additional premium, the building owner may be able to purchase vacancy permit coverage which reinstates some or all of this coverage for a specific period of time. An alternative, vacancy changes coverage, can reduce the minimum occupancy that the building must have before the insurance company will consider it vacant from the standard 31 percent. A professional insurance agent can identify companies that are willing to provide these coverages.

A vacant building is never a good situation, but with the proper precautions, the owner can maintain its value and keep it secure until new tenants move in.

Who Rates Insurance Companies – Finding the Best

It’s no longer enough to choose an insurance company simply because they offer what appears to be the best coverage or lowest rates. You also have to know the financial security of the company especially in these challenging economic times when even the largest companies might be teetering on the edge of insolvency.

Additionally, you want to know something about the company’s track record when it comes to paying claims and overall customer satisfaction. Not all insurance companies are the same and you should take a hard look at your prospective insurer before handing over a big premium check.

How can you find this information? Well, it’s easier than you think because there are several major companies that rate insurance companies. Each offers a detailed rating service and most of these services are free.

The rating system for each of these rating companies is based on a letter grade system such as “AAA”, through “NR.” However, you should note that there are both subtle and significant differences in the letter grade system. A “C” rating might mean an average score for one rating company but might also suggest the insurance company is experiencing significant financial challenges with a different insurance rating company. Make sure you fully understand the rating system for each of the companies before jumping to an erroneous conclusion.

Some rating companies only rate the top 200 insurers, while others offer more comprehensive data.

Here is a brief summary of the major companies which rate insurance companies. 

1. A.M.

This rating agency is the only one which specializes in banking and insurance companies, reinsurers and covers the total insurance market spectrum including international markets such as the U.K and Canada. Also offers a comprehensive article base and in depth commentary.

2. Fitch Inc. –

Provides a global rating service on insurance products through combining both local and international expertise on contemporary insurance issues and trends. Also offers a monthly newsletter dealing with specific insurance issues called “Insurance Insights.”

3. Moody’s Investor Services –

You have to register to log in with this company before you can access their info. Covers title insurers, life, mortgage and property and casualty. Mainly focused on the financial health and outlook of insurance companies and overall realm of the financial market.

4. Standard & Poor’s –

Must be a subscriber. Offers international rating services on property and casualty, life, annuities, health, title, mortgage, bond and reinsurance. Rating services include link market solutions and both the derivative product and financial subsidiaries.

Self-Insured Retentions vs. Deductibles: Your Skin in the Game

Self-insured retentions (SIR) and deductibles are the two conventional mechanisms insureds use to reduce both premiums and loss ratios in liability policies.  Those insureds must strike several careful balances in order to sustain affordable coverage while protecting assets.

First, an insured must analyze cash flow and balance sheet statements in order to make an informed decision as to which approach, if either, is best.  Using either simply to reduce premiums is foolish, and could prove to be very dangerous.

A self-insured retention means that the insured carries a fixed amount of risk, including adjusting and legal expenses.  The insurance policy, whether a primary or umbrella contract, is excess coverage above the SIR.  The insurance carrier will impose reporting requirements on the insured in order to monitor the development of claims that may impact the liability limit to which the company is exposed.  For example, the insured, typically, must report claims that involve fatalities, amputations, third-degree burns, brain injuries, and any other claim for which the insured sets a reserve of 25% or more of the SIR amount.  The carrier will require that adequate, proven risk management staff be in place, whether native or contracted.  SIRs are rarely smaller than $100K, and can be $1M, $3M or higher for large companies with good controls and substantial liquid assets.  Some states have legislation in place to regulate such “attachment point” business.

Finally, the SIR normally has no effect on the amount of insurance available under a liability policy.  Such tools are available, though, with permission for company intervention, in which case the form-they are unique as to carrier and insured-may provide for loss adjusting and defense expenses that do not erode the insured’s liability.  In other words, if the carrier chooses to “drop down,” and take over management of a given claim, those expenses fall on the carrier even though the claim may settle within the SIR.

A deductible, on the other hand, is a portion of an insured loss borne by the insured.  The carrier will typically pay the entire claim, and then be reimbursed by the insured.  Unlike an SIR, a deductible erodes the limit of liability in the insurance policy.  A policy with a $1M limit of liability and a $25K deductible, then, exposes the carrier to $975K.  Loss adjusting and legal expenses typically further erode the limit.

Deductibles are commonly used with risks that have a frequency of smaller claims.  Daily auto rental or taxicab fleets (lots of minor fender benders), contractors with multiple job sites, supermarket chains (lots of slip-and-fall activity)-are typical of the kinds of risks that can benefit from deductible treatments.  Deductibles almost always include loss adjusting and defense expenses.  All claims are reported per the policy’s terms, and the carrier is involved in the adjusting process immediately.

Collateral instruments for these management tools include escrow accounts, by which the insured maintains a cash reserve with the insurance company (which may or may not pay interest on it), and evergreen letters of credit.  Escrow accounts are more frequently used with frequency-prone risks (think deductible), while a letter of credit is typically more suitable to an insured that carries a substantial SIR.

While the fine points these mechanisms provide differ in practice, their common goal is to reduce loss ratios and premiums for quality insureds who pay attention to their own risk/reward postures, and who share the character and values of the carriers that provide their coverages.  An insured that has the ability to manage claims, and to therefore manage risk, should be very attractive whatever the condition of the insurance market.

The Best Defense Against Mold Is a Good Offense

Recent natural disasters like Hurricane Katrina have once again put mold in the spotlight.  And since flooding can occur in the winter due to the abundance of melting snow and heavy rains, homeowners need to familiarize themselves with the steps to eliminate mold from their homes.

First, it is important to understand the reasons to keep your home mold free.  According to the Centers for Disease Control, exposure to mold poses a potential health risk.  People with mold sensitivity can find themselves with a stuffy nose, irritated eyes, wheezing, or skin irritation.  Those with mold allergies can have difficulty breathing and experience shortness of breath.  If someone with a weakened immune system or chronic lung disease is exposed to mold, they can develop mold infections in their lungs.  The point is to eliminate the problem before it becomes a health issue.

As we know, mold develops because of excessive moisture, so the key to prevention is to identify and eliminate moisture from developing in the first place.  The Insurance Information Institute recommends that homeowners take the following precautions:

Reduce humidity in your home

·    Keep the humidity level in your home between 30 and 60 percent by using air conditioners or dehumidifiers.

·    Use exhaust fans in kitchens and bathrooms.

·    Never install carpets in damp areas, such as basements or bathrooms.

·    Never let water accumulate under houseplants.

Use mold-reducing products

·    Clean bathrooms with bleach or other mold-eliminating products.

·    Add mold inhibitors to paint before application.

Keep your home and belongings dry

·    Fix leaky pipes, faucets and hoses.

·    Keep gutters free of leaves and other debris.

·    Maintain your roof to prevent water from seeping into your home.

Be careful after a flood or other water damage

·    Properly dry or remove soaked carpets, padding and upholstery within 24 to 48 hours after a flood to prevent mold growth.  Anything that cannot be properly dried should be discarded.

·    Remove standing water as quickly as possible.  Standing water is a breeding ground for microorganisms, which can become airborne and inhaled.

·    Wash and disinfect with bleach, or other mold-eliminating products, all areas that have been flooded.  This includes walls, floors, closets and shelves, as well as heating and air-conditioning systems.

If you find that despite your best efforts you have mold problems, there are two options to remediate the situation.  The first is to clean it yourself.  If you choose this option, you should limit your own exposure to the mold and its spores.  The Environmental Protection Agency recommends that you wear certain protective gear during cleanup, most importantly an N-95 respirator, which can be purchased at most hardware stores.  Some N-95 respirators look like a paper dust mask with a nozzle on the front, while another popular style is made of plastic or rubber and has a removable cartridge that traps the mold spores.  No matter what style you use, in order to be effective, the respirator must fit properly.

The second item the EPA recommends is a pair of long gloves that extend to the middle of your forearm.  If you are using a mild detergent, ordinary household rubber gloves are fine.  If you are using a disinfectant, chlorine bleach, or other strong cleaning solution, you should use gloves made from natural rubber, neoprene, nitrile, polyurethane, or PVC.  The third protective piece of equipment you should wear are goggles without ventilation holes. 

If there are still signs of mold after cleaning or if the mold returns, you should choose the second option and have the area cleaned by professionals who specialize in mold removal.

Are You at the Insurer’s Mercy If You Total Your Car?

You treat your car like you would a child. You take care of it inside and out and no one could ever tell it recently celebrated its tenth birthday. Over those ten years, you and your auto have had some great times together, but now the unthinkable has happened and your car has been “totaled.” Does that mean that the two of you have to say good-bye?

Totaling your car means that you have wrecked it badly, so much so that it is up to your insurer to decide if it is worth fixing. The insurer’s decision is based on the car’s worth. Minor damage to a very old auto could result in your carrier deciding to total it, while major damage to a brand new one might not. Auto insurance claims adjusters typically determine a car’s cash value through their company’s proprietary database of prices.

The decision to total a car varies with insurers. Some companies will total a vehicle if after the accident it is only worth 51 percent of its cash value. Others will decide to total the car at 80 percent. The insurance company pays you the car’s actual cash value less any deductible and your car is sent to a salvage yard to be auctioned off. The end result is usually an auction bidder buying the car for parts. The insurance company keeps the auction money, which offsets any costs over the amount they have collected in premiums.

If you feel your car has been unjustly condemned to salvage, do you have any way to protest the decision? You do have some rights, but they are limited. You enter into a contract with your insurance company when you buy car insurance. That contract states that you can’t coerce your insurer to pay out more than your car is actually worth. However, your carrier is obliged to ensure that you are “made whole.” That means the company is required to put you in the same condition you were in before the accident happened.

If your car has been wrecked but you want to have it repaired, you should be able to do so. Tell your claims adjuster right away that you want to keep the car. Keep in mind that you will have to pay for the repairs yourself, but your insurer still has to pay you the car’s actual cash value, less the deductible and less whatever the car would have brought at auction.

Before you decide what to do with the car, think it through. If you give up your car but later change your mind, it will be difficult to buy it back when auctioned. In most cases you cannot attend the auction without an auto salvage or auto dealer’s license. Newer model cars bring higher prices at auctions because their parts are highly desirable. That amount is probably more that what the company paid for your claim, so don’t be surprised if your carrier decides to send it to salvage in spite of your objections.

Remember, if you keep the car and it is seriously damaged, you will only have a small part of the money needed to repair it. If it isn’t repairable, you will be left with having to dispose of the vehicle.

If you go ahead with repairs, be sure the car is completely repaired. When the insurer deemed your car to be totaled, your state’s department of motor vehicles (DMV) was notified. That’s because your policy expired with the loss of the vehicle. Insurers can refuse to completely underwrite a car that’s been totaled and repaired if the vehicle doesn’t pass a DMV inspection. As long as it passes, however, you should have no problem buying liability insurance, although buying comprehensive and collision insurance may be more difficult. Keep in mind, some insurers won’t provide this type of coverage for a previously totaled car.