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Ambiguous Insurance Litigation

Pillsbury - Policyholder Pulse blog

A Missing Issue in “Blank Space” Insurance Ruling

Insurance coverage disputes often turn on the meaning of the specific words used in a policy. Norwegian Hull Club v. North Star Fishing Co., currently pending in the U.S. District Court for the Northern District of Florida,...more

Sheppard Mullin Richter & Hampton LLP

Yahoo Inc. v. National Union Fire Ins. Co. of Pitts.: Revisiting the Rules of Policy Interpretation 

In Yahoo Inc. v. National Union Fire Ins. Co. of Pittsburgh, — Cal. Rptr. 3d —;2022 Cal. LEXIS 6887; 2022 WL 16985647 (Nov. 17, 2022), the California Supreme Court applied established rules of policy interpretation and found...more

Downs Rachlin Martin PLLC

VSC Rules "Date Of Loss" Not Ambiguous

Brillman v. New England Guaranty Ins. Co., 2020 VT 16 (Feb. 21, 2020) - In this insurance coverage decision, the Vermont Supreme Court determined that the “date of loss,” which starts the clock running on the one-year...more

Pillsbury - Policyholder Pulse blog

Buyer Beware: Search for Litigation Time Bombs in Your Policies

Insurance policies are legal documents. In the event of a dispute, their scope and meaning will be submitted to a court or arbitrator for interpretation. Most brokers are not attorneys. Most risk managers are not attorneys....more

Bricker Graydon LLP

Auto policy may be cancelled if policyholder misstated information when applying

Bricker Graydon LLP on

On May 6, 2020, the Ohio Supreme Court found that specific language in an insurance policy was sufficient to warn the insured that misstatements as to warranties in her application for the policy rendered the policy void from...more

Carlton Fields

Insured’s Leaky “Abrupt” Interpretation of All-Risk Insurance Collapses Under Eleventh Circuit Scrutiny

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In S.O. Beach Corp. v. Great American Insurance Company of New York, No. 18-1967 (11th Cir. Oct. 31, 2019), the Eleventh Circuit affirmed the district court’s grant of summary judgment in full to the insurer, finding there...more

McDermott Will & Emery

Tyll v. Stanley Black & Decker: When Plan Ambiguity Cost an Employer $4 Million

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An employer learned the full cost of ambiguity when a Connecticut federal district court agreed with an employee’s widow that the word “maximum” was ambiguous in the company’s life insurance plan, thus making the widow...more

Carlton Fields

NDNY Unable to Resolve Ambiguity in Umbrella Policies and Sets Trial

Carlton Fields on

On remand from the Second Circuit, the Northern District of New York was asked to determine whether Utica Mutual Insurance Co. (the cedent) had a defense obligation under its umbrella policies. If it did, then Utica would be...more

Farella Braun + Martel LLP

“That Particular Part” – Yet More

Massachusetts Appeals Court Gets It Right – Mostly - Hot on the heels of the Federal Tenth Circuit Court of Appeals’ decision in MTI, Inc. v. Employers Insurance Company of Wausau, __ F.3d __, 2019 WL 321423 (10th Cir....more

Farella Braun + Martel LLP

Claims-Made Policy Note: Policy’s Use of Defined Terms May Expand or Limit Coverage Under Related Acts Provision

In an unpublished decision, the Ninth Circuit affirmed the Central District of California’s interpretation of the related acts provision in a professional liability policy, holding that related acts reported in a prior policy...more

Carlton Fields

When A Nightclub Is Forced to Say Goodnight: California Appellate Court Applies Broad Reading of “Loss of Use” Provision

Carlton Fields on

The frustration property owners must feel when the actions of another cause them to no longer be able to use their property as originally intended is certainly palpable, but when the property is not damaged and still can be...more

Carlton Fields

The Sentinel Strike: The Hartford’s Gift To New York Insurers In The War To Stop Policyholder Experts From Claiming Ambiguities...

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In this age of exponentially increasing technology, we can rely on one certainty in property casualty jurisprudence – that is, bold policyholder assertions supported by even bolder “expert” opinions. In BF Advance, LLC v....more

Robinson+Cole Property Insurance Coverage...

The Protective Safeguards—Heat Maintained Endorsement Means What it Says: Eastern District of New York Grants Summary Judgment...

Typical first party property policies include provisions that address failure to maintain heat as excluded losses. The Eastern District of New York recently analyzed a specific endorsement requiring that heat be maintained at...more

Haight Brown & Bonesteel LLP

Ambiguous Application Questions Preclude Summary Judgment on Rescission Claim

In Duarte v. Pacific Specialty Ins. (No. A143828; filed 6/12/17, ord. pub. 6/29/17) a California appeals court held that an insurer was not entitled to summary judgment on its rescission claim because the disputed questions...more

Robinson+Cole Property Insurance Coverage...

District of Connecticut Reaffirms That Definition Of “Collapse” Is Unambiguous

The United States District Court for the District of Connecticut recently reaffirmed its ruling that the term “collapse,” as defined by a homeowners insurance policy, is unambiguous and that the policy in question did not...more

Bass, Berry & Sims PLC

Chris Lazarini Comments on Ambiguity in Insurance Policy - Thought Leadership - Bass Berry

Bass, Berry & Sims PLC on

Bass, Berry & Sims attorney Chris Lazarini commented a case in which a broker-dealer claimed the term "final judgment" in its insurance policy was ambiguous and should be construed against its insurance carrier, as is typical...more

Seyfarth Shaw LLP

Despite Pollution Exclusion, Insurer On Hook for Contamination in Indiana

Seyfarth Shaw LLP on

Seyfarth Synopsis: The Northern District of Indiana rejected the insurer’s assertion that its pollution exclusion clauses unambiguously included all contaminants. Indiana, unlike other jurisdictions, is pro-insured when...more

Zelle  LLP

Contra Proferentem Doesn’t Always Mean ‘Against the Insurer’

Zelle LLP on

Despite best efforts, ambiguities are inevitable in contracts. The doctrine of contra proferentem shifts the risk of ambiguity to the party that drafted the contract. The doctrine is frequently applied against insurers where...more

Robinson+Cole Property Insurance Coverage...

Is Anyone Home? Washington Supreme Court Interprets Two-Step Vacancy Endorsement

Disputes involving “vacancy” exclusions typically involve the appropriate definition of that word. The recently-decided case of Lui v. Essex Ins. Co., 2016 Wash. LEXIS 692 (Wash. June 9, 2016) presents a somewhat different...more

Manatt, Phelps & Phillips, LLP

Insurance Recovery Law - December 2015

Court Rejects Attempt to Broaden "Employer's Liability" Exclusion, Requiring Coverage - Why it matters: A New York federal court recently ruled that an "Employer's Liability" exclusion in a CGL policy applies only when...more

Manatt, Phelps & Phillips, LLP

Insurance Recovery Law - September 2015

Exception to Mold Exclusion Requires Defense of Suit Alleging Injuries From Moldy Water - Why it matters: An exclusion for "Fungi or Bacteria" did not prevent a federal court judge in Tennessee from ordering an insurer...more

Manatt, Phelps & Phillips, LLP

California Court of Appeal Finds Life Insurance Policy Ambiguous and Rules in Favor of the Insured

Sequeira v. Lincoln Nat’l Life Ins. Co., No. A139639 (Cal. Ct. App. Aug. 31, 2015) - The California Court of Appeal recently reiterated the importance of careful drafting to insurers when it reversed a trial court’s...more

Zelle  LLP

Death v. Suicide in Event Cancellation Policies

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While many Event Cancellation/Non-appearance policies offer effective coverage for financial losses and additional costs when the insured performer dies from natural causes or an accident, they reach their limits if the...more

Robinson & Cole LLP

Contra Proferentem in New York: A Last Resort for Resolving Ambiguity in Coverage Disputes

Robinson & Cole LLP on

In insurance litigation, insureds often argue that, if a provision in an insurance policy is found to be ambiguous, that ambiguity should be resolved in favor of the insured, and against the insurer that drafted the contract,...more

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