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Insurer’s Duty to Indemnify – Fourth Circuit Looks at Insured’s Failure to Comply with Policy Provisions

It is well established that an insurance policy is a contract, requiring each party to comply with its respective obligations thereunder. The scope of those obligations, the determination of compliance and any consequence is...more

A Bar, an Injury, an Assault & Battery Exclusion and Coverage

In this space alone, there has been a plethora of cases in which coverage was denied based upon an assault and battery exclusion of a commercial general liability (CGL) policy. Recently, in a per curium opinion, the Court of...more

Declaratory Judgment Action Provides Reminder of Factors Considered by the Court in Assessing Coverage

Owners Insurance Company issued a commercial general liability policy (CGL) to Cruz Accessories, a/k/a H&C Corp.(Cruz). The policy included standard language relating to Owners’ right and duty to defend Cruz, including the...more

Assault and/or Battery Exclusions - Is the Chain of Events "Immediate and Direct?"

Any regular reader has seen a number of articles here regarding assault and/or battery exclusions of insurance policies. These exclusions are commonly part of commercial general liability (“CGL”) and liquor liability...more

Can a Third Party Seek a Declaration of an Insurer's Duties Under Its Policy?

“Be careful what you ask for in your declaratory judgment action” could have been an appropriate subtitle....more

When an Assault Really Is an Assault... A Sequel

Jesse Bass was a guest at Henry’s Sports Bar in December 2012, when the bouncer struck him in the head with such force that he was knocked unconscious and suffered serious brain injury. Bass brought an action against Henry’s,...more

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