The court cases in the Dec Page come from Michigan, the United States Court of Appeals, and Missouri .

The Michigan Supreme Court discussed the issue of late notice and prejudice to the insurer; the case involved a policy for uninsured motorists coverage that contained a thirty-day notice provision regarding hit-and-run motor vehicle claims, with the insured not notifying the insurer until almost ninety days after the accident.

The two cases involving the U.S. circuit courts deal with escape clauses and sharing of defense costs and with the pollution exclusion. The U.S. Court of Appeals, Tenth Circuit, analyzed an escape clause in a general liability policy and had to decide if the insurer was required to share defense costs or whether the clause let the insurer escape liability. The Seventh Circuit Court of Appeals examined the pollution exclusion and presented its analysis of the exclusion, the exclusion's rationale, and the scope of coverage. Case law from many jurisdictions interpreting the pollution exclusion was cited by the court.

The case from the Missouri Court of Appeals addressed the TCPA and whether a violation of that law is property damage to be covered by the general liability form. This case was one of first impression for the Missouri court.

Questions and Answers

Can slander of title allegations fall within the definition of personal injury under a CGL form? See Disparagement of Title as Personal Injury. Two scenarios are presented with the question being whether the actions of the insured amount to voluntary parting with his vehicles, or whether the vehicles were taken by theft. See False Pretense Exclusion and Theft Coverage.

Would riding a horse make the insured a pedestrian for purposes of med pay coverage under a PAP? See PAP Med Pay and Horseback Riding. Are fire department charges for fighting a fire and for responding to an auto accident considered property damage that would be paid under a CGL form or a PAP? See Property Damage and Fire Department Charges. A vehicle was damaged in transit while in the possession of the insured. Would the garagekeepers coverage apply to the claim? See Vehicle Damaged in Transit.

                                           Late Notice

The chart in the Late Notice Issue for Insureds article pertaining to late notice and the requirement of showing prejudice by the insurer is updated. The chart is on a state-by-state basis and offers the most recent information available on this subject. 

Leased Employees

The Leased Employees article deals with leased employees and the workers compensation and liability exposures facing employers that lease employees. There are many questions that arise when leased employees are used to perform tasks for the employer, such as, does workers comp or general liability insurance apply, whose insurance policy applies, the lessor's or the lessee's, and what contractual and statutory considerations have to be discussed when it comes to leasing employees.

Motor Truck Cargo Carriers

ISO offers liability coverage for motor truck cargo carriers through the use of IH 00 72. This policy pays for those sums that the named insured becomes legally obligated to pay for loss to covered property caused by a covered cause of loss. See Motor Truck Cargo Carriers Coverage Form.