May 2026 Insurance Update

Just shy of a “full house,” is how you might describe our May insurance update.

We have a pair of cases from the Colorado Supreme Court that discuss the failure to cooperate defense, UIM exhaustion, and the status of a rental car company when it offers its customers supplemental auto insurance.

We also have a pair of cases from the Northern District of Georgia that help explain when a professional liability policy applies. The cases involve a theft of trade secrets claim against a lawyer and insurance agents’ conduct in setting up a competing business.

Our remaining case is from the Eighth Circuit and is a bit of a wildcard. The court weighs in on a recurring issue that continues to divide courts: Is carbon monoxide a pollutant for purposes of a pollution exclusion? Even the Eighth Circuit has ruled differently on the issue, depending on which state law it was applying.

“Two pairs” is often a winning hand, and if 8’s are wild, we’ll take that any day.

We hope you enjoy the update.