Exclusionary Clauses

How to Read an Insurance Policy

by Miriam Smolen, Ivan Snyder | Gilbert LLP on 4/16/2013

While insurance policies may look the same in structure at first glance, each policy is unique and contains terms, conditions, and definitions that may be different from other policies. Many insurers will utilize a standard...more

Calif. Plumbs The Depths Of Water Damage Exclusions

by Jose Umbert | Zelle Hofmann Voelbel & Mason LLP on 4/12/2013

A recent decision by the California Court of Appeal confirms the willingness of courts in California to enforce exclusions for water damage in property policies, thus precluding coverage for the policyholders’ alleged...more

Insurance Policy Interpreted In Officers’ Favour

by Matthew Fleming, Soloman Lam | Dentons on 4/5/2013

In certain circumstances, directors and officers may find that their claims for indemnification under a directors’ and officers’ insurance policy have been denied by the insurance company as a result of various exclusions...more

Bad Faith Sentinel - March 2013

by Gregory M. Boucher, Carolyn Due, Matthew M. Haar, Joseph C. Monahan, Amy L. Piccola, Thomas S. Schaufelberger | Saul Ewing LLP on 4/3/2013

In This Issue: - Southern District Of Ohio: Insurer Does Not Commit Bad Faith By Voiding Policy Due To Insured’s Failure To Promptly And Fully Cooperate With Insurer’s Fire Investigation - Pennsylvania Court...more

Superstorm Sandy: You May Still Be Entitled to Coverage, Even if Your Business Did Not Have Flood Insurance

by Joseph Jean, Steven Morris | Lowenstein Sandler LLP on 3/1/2013

Superstorm Sandy devastated the East Coast last October, causing more than $70 billion in damage to New York, New Jersey and Connecticut. Thousands of businesses suffered extensive property damage to their buildings, contents...more

The Seventh Circuit Holds That the “In Care of” and “Business” Exclusions Preclude Coverage Under a Homeowner’s Policy

by Sedgwick LLP on 2/7/2013

In Nationwide Insurance Co. v. Central Laborers’ Pension Fund, No. 12-1784 (7th Cir. Jan. 11, 2013), the United States Court of Appeals for the Seventh Circuit affirmed that a homeowner’s insurer was entitled to deny coverage...more

The Many Benefits of a Good Termination Clause

by Dana Adams, Gregory Sim | Field Law on 1/31/2013

A recent Ontario Court of Appeal decision means that a properly drafted employment contract can protect employers and their employees from personal liability when carrying out a termination. In Richards v. Media...more

Will Insurance Cover Stolen Client Data?

by Kathryn L. Ossian | Miller Canfield on 1/31/2013

It is a fact of life that large amounts of sensitive data are transported and stored electronically on flash drives, CDs and other devices. With mobility comes increased risk of lost or stolen information, along with the...more

Title Insurers Not Liable For Agent's Negligence

by Robert Scott | Ballard Spahr LLP on 1/31/2013

Title insurance companies can enforce exculpatory provisions in title insurance policies that exclude liability for tort claims based on a negligent title search performed by an agent, Maryland's highest court has ruled....more

Policy Observer - January 2013

by Nancy Harris, Alex Lathrop | Orrick, Herrington & Sutcliffe LLP on 1/25/2013

It has been nearly three months since Superstorm Sandy battered the East Coast of the United States. With several hundred thousand residents still without homes and many businesses still operating out of temporary facilities,...more

Kentucky Court Holds Pollution Exclusion Applicable to Release of Diesel Fuel

by Traub Lieberman Straus & Shrewsberry LLP on 1/15/2013

In its recent decision in Hardy Oil Co. v. Nationwide Agribusiness Ins. Co., 2013 U.S. Dist. LEXIS 4760 (E.D. Ky. Jan. 11, 2013), the United States District Court for the Eastern District of Kentucky had occasion to consider...more

Insured’s Attempt to Negate Water Exclusion All Wet

by Kelly Nugent | Sedgwick LLP on 1/4/2013

In Cardio Diagnostic Imaging, Inc. v. Farmers Insurance Exchange, Case No. B239145 (Dec. 18, 2012; certified for publication), the Second Division of the California Court of Appeal affirmed the lower court’s ruling that an...more

Product Liability Advisory - December 2012: Product Manufacturers and the Importance of Understanding Personal and Advertising...

by Harmon L. (Monty) Cooper | Sedgwick LLP on 12/24/2012

In product liability actions, claims against manufacturers often involve bodily injury or property damage. But manufacturers can also be exposed to “personal and advertising” injuries, which don’t involve property damage but...more

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