The Oregon Senate Business, Labor and Economic Development Committee moved a bill designed to correct a controversial state Supreme Court ruling on pollution exclusions to the Senate floor with a “do pass” vote. SB 440, known as the “Fleming Fix,” is designed to correct a 1999 Oregon Supreme Court ruling (Fleming v. USAA) that held that a dwelling policy’s pollution exclusion provision did not bar claims caused by a tenant’s illegal drug lab due to a technical flaw in a state-approved policy form. The National Association of Independent Insurers (NAII) and other industry groups collaborated on the bill, which essentially restores previous state practice regarding the requirements for exclusions in multi-peril policies. Since the Fleming ruling, insurers have compensated by adding exclusionary language to virtually every heading in all insurance policies. This cluttered up the readability of insurance policies and negated efforts the Division of Insurance had made over the years to make policies more understandable for consumers.
Was this article valuable?
Here are more articles you may enjoy.
AIG’s Zaffino: Outcomes From AI Use Went From ‘Aspirational’ to ‘Beyond Expectations’
Experian Launches Insurance Marketplace App on ChatGPT
State Farm Adjuster’s Opinion Does Not Override Policy Exclusion in MS Sewage Backup
CFC Owners Said to Tap Banks for Sale, IPO of £5 Billion Insurer 


