The article of the month deals with the continuous trigger and progressive injury coverage disputes that stem mainly from the Montrose Chemical decision. The article discusses that decision, the ISO response to it, and several court rulings that appeared after the decision..

The court case in the Dec Page come from the United States Court of Appeals, Ninth Circuit, and United States District Courts in Washington, New Jersey, and Florida. The Ninth Circuit joined other courts that have recently ruled on the scope of coverage provided by the designated premises or project endorsement. Does the endorsement limit coverage to occurrences tied to a certain premises? The U.S. District Court for the Western District of Washington also handled a question about the designated premises endorsement wherein an auto accident occurred 500 miles away from the designated premises and the insurer denied coverage based on the endorsement. The District Court, New Jersey, examined the continuous trigger theory to decide a per occurrence limit versus the aggregate limit dispute; the court also discussed the application of the absolute pollution exclusion. The owner controlled insurance program (OCIP) and coverage for an additional insured was the issue facing the U.S. District Court, M.D. Florida, where the insured contended that the OCIP exclusion did not apply to additional insureds and the insurer claimed that it did.

Questions and Answers

Is a divorced spouse covered for ALE and personal property when her name is on the deed but not the insurance policy? See Divorced Spouse on Deed but Not Insurance Policy. When the police break into property when performing their duties, how is damage covered? See Police Break into Dwelling after Standoff. Are laptops covered under the portable electronic equipment coverage under special limit J? See Portable Electronic Equipment and Laptops. When the insured's son rents the insured's tenant dwelling and the dog bites someone, is there coverage under the insured's policy? See Son and Dog Are Tenants, Not Resident Relatives.

AAIS and ISO Personal Automobile Policy Comparison

In July 2016 the American Association of Insurance Services (AAIS) released its first standard personal auto program. AAIS is a national insurance advisory organization that develops policy forms and rating information used by hundreds of property and casualty insurers across the injury. AAIS provides policy forms, manual rules, and rating information for dozens of other personal and commercial insurance programs and hundreds of property and liability insurers use AAIS programs. The personal auto program is the most recent program of its kind and includes many exclusions, exceptions, endorsements, and coverage categories not addressed in the comparable ISO forms. This article compares and contrasts the differences between the ISO auto policy program and the AAIS auto policy program. See AAIS and ISO Personal Automobile Policy Comparison.

Financial Institutions Information Security Protection Policy

This article discusses the Financial Institutions Information Security Protection Policy. The form is designed to provide protection for financial institutions including banks, insurance companies, securities brokers and dealers and others. Coverage is geared to electronic losses including security breaches, ransomware, and public relations expenses among others. See Financial Institutions Information Security Protection Policy.

Farm Liability Endorsements

This article reviews the farm liability endorsements and provides brief descriptions of each. Many of the forms have been updated in 2016. See Farm Liability Endorsements.

Cyber Risk

This article identifies what exactly is cyber risk and ways not only to prevent data from being stolen and or corrupted, but how to respond to a data breach after the fact. See Cyber Risk.