Polluting the Plain Meaning of Policy Exclusions

By Meghan A. Collins, Esq. and Michael A. Hamilton, Esq. of Goldberg Segalla 

The scope of the pollution exclusion in liability policies continues to be a highly-contested insurance coverage issue. One of the more recent debates in this area is whether the pollution exclusion's application is limited to "traditional environmental pollution" or whether the exclusion should be afforded its plain and ordinary meaning, similar to other policy exclusions . The Vermont Supreme Court recently sided with insurers on this issue, holding that a policy's pollution exclusion should be treated with the same analysis as any other policy exclusion. In Whitney v. Vermont Mutual Ins. Co . , the Vermont Supreme Court considered whether the policy's pollution exclusion precluded coverage for an insureds' home that was damaged as a result of spraying a pesticide, chlorpyrifos, to get rid of bed bugs. The Vermont Supreme Court ultimately ruled that "pollution exclusions are not presumed, as a class, to be ambiguous or to be limited in their application to traditional environmental pollution" and, therefore, coverage was precluded.

Prohibiting Recording Devices - The Dreaded "Maybe"

By Jason C. Gavejian, Esq. of Jackson Lewis P. C.

Can we prohibit employees from making audio recordings at work?  As advancements in technology continue to increase, and it becomes easier and easier for employees to surreptitiously record conversations, this inquiry is posed by many employers.  In fact, we discussed this very question back in 2013.  Unfortunately, the answer to this question is perhaps the most often used attorney response  - "Maybe."  This is especially true given the recent decision from the National Labor Relation Board (NLRB) in Whole Foods Market, Inc. and United Food and Commercial Workers, Local 919 and Workers Organizing Committee of Chicago .  For employers, or those looking to prohibit the use of recording devices, the NLRB's decision, issued on December 24, 2015, is more akin to coal than an early Christmas present.  

To Disclaim Coverage, or Not to Disclaim Coverage, That is the Question

By Michael L. Zigelman, Esq. Eric B. Stern, Esq. & Alexana Gaspari, Esq. of Kaufman Dolowich & Voluck, LLP

Providing more clarity to New York Insurance Law's notice/prejudice standards in the context of an insured's default in an underlying lawsuit, a recent decision from New York's Southern District states that an insurer's time to disclaim coverage begins to run upon a finding of its insured's default, and, moreover, an insurer has no obligation to try to vacate the default, as such activity may actually result in a waiver of the insurer's right to disclaim.

Here Are 10 Ways To Close Faster For More Sales In 2016:

By Mark Hunter, The Sales Hunter

1. Quit spending time with prospects who don't fit your customer profile.

If you want to be seen as a high-value full-price provider, then you want to attract customers who fit that profile. You want to steer clear of customers who will never fit that profile.

As I like to say, "You can't turn a Walmart shopper into a Nordstrom's customer." Just because a prospect is wiling to talk to you doesn't mean they're a good prospect.

Key Points: Bond suitability and misrepresentation claims are on the horizon. Proper client counseling and disclosure documentation will be critical to defend these claims.

Demotech, Inc.

Since 1985, Demotech, Inc. has served the insurance industry by assigning accurate, reliable and proven Financial Stability Ratings® (FSRs) for Property & Casualty insurers and Title underwriters. FSRs are a leading indicator of financial stability, providing an objective baseline of the future solvency of an insurer.  You can search the most current FSRs  here .