Westlaw Topical Highlights: Insurance, March 25, 2016

March 25, 2016

insuranceWestlaw Topical Highlights for Insurance provides summaries of significant federal and state judicial decisions and legislative and administrative activities affecting Insurance law.  A Westlaw subscription is required to access the documents linked from this page.

Liability: Lead in paint was “pollutant” within meaning of absolute pollution exclusion.  Georgia Farm Bureau Mut. Ins. Co. v. Smith, 2016 WL 1085397 (Ga.) Lead in paint ingested by a tenant’s child was a “pollutant” within the meaning of the absolute pollution exclusion of the landlord’s commercial general liability (CGL) policy. The Georgia Supreme Court acknowledged a split over applying pollution exclusions outside the context of environmental pollution. It determined that courts needed to look to the plain language of the clause itself, not the purpose and historical evolution of pollution exclusions. This was a matter of first impression in Georgia. 2016 WL 1085397 (The full-text of the rest of the Topical Highlights is available within Thomson Reuters Westlaw, subscription required).   

Disability: Claimant was unable to perform material duties of regular occupation and was disabled within meaning of long-term disability policy.  Young v. United of Omaha Life Insurance Company 2016 WL 755639 (E.D.Wash.)

Liability: Policy excluded coverage for law firm’s liability to clients for fees they paid to outside firms hired to collect arbitration award.  Edward T. Joyce & Associates, P.C. v. Professionals Direct Ins. Co. 2016 WL 1085223 (C.A.7 (Ill.))

Liability: Applicant’s misrepresentations did not void coverage as to innocent co-insureds under professional liability policy.  Evanston Ins. Co. v. Agape Sr. Primary Care, Inc. 2016 WL 192748 (C.A.4 (S.C.))

Class Actions: Insured seeking certification of 46-state class action failed to meet burden of demonstrating there were no material variations among state laws.  Gelfound v. Metlife Insurance Company of Connecticut 2016 WL 873001 (S.D.Fla.)

Automobile: All uninsured motorist (UM) claims accrue on date of accident.  Hegseth v. American Family Mut. Ins. Group 2016 WL 1128420 (Minn.)