Exclusionary Clauses

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ITC Section 337 Update – October 2014 #2

Appellee Commission and Intervenor Cross Match Submit Briefs Supporting Overturning Federal Circuit Split Panel Decision in Suprema – On October 15, 2014, Appellee Commission filed an En Banc Brief and Intervenor Cross Match...more

Tennessee Court of Appeals Interprets Exclusionary Clause in Automobile Casualty Insurance Policy

Recently, the Tennessee Court of Appeals issued an opinion involving the interpretation of an exclusionary clause in an automobile casualty insurance company. In the case of Weed v. First Acceptance Insurance Company of...more

Tennessee Insurance Legal News - January 2014 • Volume 3, Number 1

In This Issue: - ARBITRATION PROVISION WITHIN TENNESSEE’S UNINSURED MOTORIST STATUTE HELD NOT APPLICABLE TO INSURANCE POLICIES ISSUED AND DELIVERED OUTSIDE TENNESSEE: The Tennessee Court of Appeals addressed the...more

Section 51 of the Insurance Contracts Act: Proving an insurer’s entitlements to rely on an exclusion clause

In Murray’s Transport NSW Pty Ltd v CGU Insurance Limited [2013] SASFC 100 (Murray’s Case), CGU was unsuccessful in resisting direct action by Mr Murray, the Plaintiff/Appellant pursuant to section 51 of the Insurance...more

How to Read an Insurance Policy

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

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

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

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

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

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

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?

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

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

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

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

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...

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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