Dec Page February Question of the Month There has been a vast array of judicial decisions that have interpreted the absolute pollution exclusion as…

In Nautilus Ins. Co. v. Jesse James Festival, Inc., 2008 WL 4200912 (Mo.App. W.D.) the Missouri Court of Appeals, Western District, reviewed…

Intentional Acts Exclusion Includes Failure to Prevent Sexual Assualt of Minor by Spouse In J.G. v. Wangard, 2008 WL 2745125 (Wis., 2008), J.G.,…

Dispute over excluded driver.

Alleged Injury from Cell Phone Radiation Falls under CGL In Zurich American Ins. Co. v. Nokia, Inc., 2008 WL 3991183 (Tex.), Nokia,…

Insured Covered for Damage from Use of Tractor While Loading and Unloading Though Injury Occurred after Unloading In Canal Ins. Co. v. Cook,…

Insurer Did Not Waive Defenses Due to Non-Cooperation Letter Sent to Insured In Safe Auto Ins. Co. v. American Family Mutual Ins. Co. , 2008…

Insurer Prejudiced by Insured Failure to Timely Notify Has No Duty to Defend In Guaranty Bank v. Chubb Corp., 2008 WL 2764631 [C.A.7 (Wis.)],…

Insured Refusal to Comply with Insurer Request for Exam under Oath Material Breach of Condition Precedent In Hanover Ins. Co. v. Cape…

In Twin City Acceptance Corp. v. Allstate Ins. Co., 2008 WL 3399407 (La.App. 2 Cir.), Twin City financed a vehicle owned by Virgil Reed. The lien was…