Insurance Update

For many of us, September marks the end of summer, back to school, and the return of football.

Sticking with that theme, our September Insurance Update includes two cases by parents whose children had a little too much time on their hands.

Our update also includes two cases involving a common summertime activity – boating.  One involves apportionment between a boat insurer and an auto insurer.  The other involves carbon monoxide escaping into the wheelhouse, and whether the pollution exclusion bars a bodily injury claim against the boat dealer.

In addition to these cases, the Maine Supreme Judicial Court considers what constitutes an auto accident for purposes of an uninsured motorist claim, while the Tenth Circuit interprets an owned property exclusion that applies “for any reason, including prevention of … damage to another’s property.”

With basketball season just around the corner, we’ve included a suit by the Los Angeles Lakers seeking coverage for a texting-based TCPA claim.

But we kick off our update with a decision by a California appellate court, who refereed a contest between the policyholder’s high-flying “elective stacking” attack and the insurers’ ground-and-pound “horizontal exhaustion” approach.

We hope you enjoy the issue.

Click here to read the Update.