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What's New—May 2020

Ten reference service updates and new issues of The Risk Report, Captive Insurance Company Reports, and Employment Practices Liability Consultant have been added to the IRMI KnowledgeBases. We have also updated the home page and job function dashboards to facilitate navigation in the site.

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IRMI Reference Services

This release of Commercial Auto Insurance includes updates to the "Motor Carrier (Truckers)" section—specifically, the intrastate laws dealing with registration and financial responsibility and the "Intrastate Operating Authority and Insurance Filing by State." There are also changes to the Arizona and South Carolina uninsured motorist/underinsured motorist state pages.

For the month of April 2020, the following updates have been made.

  • Instances of when proof is required have been updated for Delaware and Maryland.
  • Reference to applicable statutes or insurance code has been revised for Idaho.

This Commercial Liability Insurance release adds new analytical material on the scope of the commercial general liability contractual liability exclusion and the status of defective construction as an "occurrence." It also contains updated state cancellation and nonrenewal regulations with a link to COVID-19 state cancellation bulletins and directives.

This Commercial Property Insurance release provides a "Business Income Loss from the Coronavirus" article that takes a close look at the question of coverage for coronavirus business income loss. First, we focus on analyzing the policy language and the related court cases. Then we turn our attention to the current proposals to alleviate the tremendous loss of income caused by the pandemic.

This release also provides discussions and specimen copies of the new Insurance Services Office, Inc. (ISO), micro-businessowners program (micro-BOP) (policy and endorsements). Discussions and specimen copies of the cannabis exclusion endorsements (Cannabis Exclusion and Cannabis Exclusion with Hemp Exception) for use with the ISO commercial property program are included, as are updated state cancellation summaries for commercial property policies.

This Construction Risk Management release contains an updated discussion of loss sensitive insurance plans, an update on the application of the Utah statute of repose, an update of the discussion of small deductibles in guaranteed cost workers compensation programs, and an updated summary of state workers compensation laws.

Deep Dives legal articles take a closer look at legal insurance coverage issues important to the insurance and legal industries and are available to subscribers to Insurance Law Essentials.

  • Kirstin Soto discusses two recent cases that have brought to the forefront the issue of whether Texas courts would expand upon the eight-corners rule to allow consideration of extrinsic evidence to determine the duty to defend in "Extrinsic Evidence and the Texas Eight-Corners Rule" (May 2020).
  • The California Supreme Court, in a unanimous decision in Montrose v. Superior Court, has adopted the vertical exhaustion rule in long-tail continuous trigger cases with respect to excess insurers after horizontal exhaustion of all underlying primary insurers. Robert Anderson discusses the recent ruling in "California Supreme Court Adopts Vertical Exhaustion in Excess Cases" (May 2020).
  • Stephen Groves discusses travel insurance or trip insurance, a "named peril" coverage, and how it responds to COVID-19 trip cancellations in "Travel Insurance Amid the COVID-19 Pandemic" (April 2020).

D&O MAPS has been expanded to include the following policies and analyses.

We have recently added three new policy forms to the D&O Policy Explorer in D&O MAPS, which allows you to compare them to other forms in the database. They are as follows.

  • AIG Public Officials and Management Liability Coverage Form Policy
  • ARGO Private PROtect D&O Liability Coverage Policy
  • Philadelphia Indemnity Community Association Executive Advantage Policy

There are 308 directors and officers (D&O) policy forms available for comparison in D&O Policy Explorer in D&O MAPS. Subscribers are invited to submit for analysis policies that are not currently included in D&O MAPS and D&O Policy Explorer.

This release of Insurance Coverage Cases/CGL Reporter adds 84 recently decided commercial lines and personal lines cases to Insurance Law Essentials. These cases can also be found in Insurance Case Finder (9,949 case records), and PDFs of the opinions are included in the Case Law Library (6,447 case opinions).

Subscribers to IRMI Insurance Cancellation Guide, IRMI Workers Comp, and several commercial and personal lines references can access the "COVID-19 Cancellations/Related Bulletins from Insurance Regulators" page, which includes a short synopsis of each bulletin. The individual state departments of insurance have the authority to set guidelines for canceling or nonrenewing insurance policies. With the spread and ramifications of COVID-19, most state departments have issued directives regarding temporary regulations or grace periods for premium payment, cancellations, or nonrenewal notices. As things change quickly in the COVID-19 world, this page will be updated frequently to keep you up to date.

This release of IRMI Workers Comp contains updated material pertaining to state-specific posting notices and payroll limitations for sole proprietors, partners, executive officers, and limited liability company members along with new profiles of New Brunswick and Nova Scotia Canadian provincial workers compensation funds and updated discussions on employee leasing, small deductibles, and a listing of current state-specific workers compensation endorsements.

This Personal Risk Management and Insurance release updates the side-by-side comparison of the ISO 2018 personal auto policy (PAP) with the latest version of the following private insurer personal auto forms.

This release also revises the homeowners and personal auto state cancellation pages and the ISO list of homeowners and PAP state-specific endorsements. Lastly, it updates the Arizona and South Carolina uninsured motorist state pages and the Michigan no-fault state page.

IRMI Newsletters & Journals

In the May issue of The Risk Report, "Business Income Loss from the Coronavirus," IRMI looks at the question of coverage for coronavirus business income loss, focusing on analysis of the policy language and the related court cases. Current proposals to alleviate the tremendous loss of income caused by the pandemic are also addressed.

The May 2020 issue of Captive Insurance Company Reports (CICR) looks at the following topics of interest.

The Spring 2020 issue of Employment Practices Liability Consultant includes the following topics.

Forms

This month, 69 forms and endorsements have been added to the Forms library. These include ISO countrywide businessowners and state-specific commercial property forms. Also included are American Association of Insurance Services state-specific agricultural forms. The Forms library includes more than 35,000 sample policy forms.

IRMI publication date for this page: May 2020