Exclusions
Absolute and Qualified Pollution Exclusions Both Bar Coverage of CERCLA Claims, 4th Circuit Holds
The U.S. Court of Appeals for the Fourth Circuit has affirmed a district court’s decision that insurance policies with a qualified pollution exclusion and other insurance policies with an absolute pollution exclusion all barred coverage of claims against an insured under the Comprehensive Environmental Response, Compensation, and Liability Act. Read More

Homeowner’s Insurance
Policy’s Business Exclusion Bars Coverage for Dog Bite Claim against In–Home Day Care Center
A federal district court in Michigan has granted summary judgment in favor of an insurer, finding that a homeowner’s policy’s business exclusion barred coverage for a claim against an in-home day care center for a child allegedly bitten by a dog at the home. Read More

Homeowner’s Insurance
Appellate Court Affirms Ruling for Insurer Based on Late Notice, Even Where Trial Court Had Not Reached Prejudice Issue
An appellate court in Florida has affirmed a trial court’s decision in favor of an insurer on the basis of late notice, even though the trial court had not reached the issue of prejudice to the insurer. Examining the record, the appellate court found that the insured had not met his burden to provide sufficient evidence to overcome the presumption of prejudice as a result of the late notice. Read More

Worker’s Compensation
New Mexico Supreme Court Rules Undocumented Workers Entitled to Benefits Where Employer Failed to Follow Federal Hiring Rules
The New Mexico Supreme Court has held that employers that cannot demonstrate good faith compliance with federal law in the hiring process cannot use the undocumented status of their workers as a defense to payment of modifier benefits under the New Mexico Workers’ Compensation Act. In particular, it ruled that an employer that did not properly fill out an I–9 Form and demand necessary documentation, as required, either should have known or was deemed to have known that the worker would likely be undocumented and ineligible for rehire in the event of injury.  Read More