In a sweeping decision, the U.S. Court of Appeals for the Fifth Circuit extended the absolute pollution exclusion to the unplanned discharge of “rock fines,” pellets produced during quarry operations, and denied coverage for...more
1/31/2020
/ Appeals ,
Commercial General Liability Policies ,
Declaratory Judgments ,
Denial of Insurance Coverage ,
Department of Environmental Protection ,
Drinking Water ,
Duty to Defend ,
Environmental Violations ,
Insurance Industry ,
Insurance Litigation ,
Notice of Violation ,
Policy Exclusions ,
Policy Terms ,
Pollution Exclusion ,
Reversal ,
Statutory Violations ,
Umbrella Policies ,
Water Pollution
A recent decision involving insurance coverage for a rideshare driver explains the temporal aspect of rideshare policies, which insure drivers during certain phases of the rideshare process. Here a driver sought uninsured...more
An 11th Circuit decision issued earlier this year serves as a reminder of the importance of carefully evaluating time-based exclusions and retroactive dates when procuring or renewing coverage. Liability policies such as...more
9/22/2017
/ Claims Made Policy ,
D&O Insurance ,
Denial of Insurance Coverage ,
Fraudulent Transfers ,
Insolvency ,
Insurance Claims ,
Policy Exclusions ,
Policy Terms ,
Premiums ,
Prior Bad Acts ,
Professional Liability Insurance ,
Renewal Options ,
Retroactivity ,
Wrongful Acts
Even as Hurricane Harvey’s effects continue to unfold, Texas policyholders face another imminent threat. On September 1, 2017, a new Texas law becomes effective that dramatically limits insurance recoveries for Texan...more
8/30/2017
/ Corporate Counsel ,
Denial of Insurance Coverage ,
Hurricane Harvey ,
Hurricane Season ,
Insurance Claims ,
Insurance Industry ,
Natural Disasters ,
New Legislation ,
Popular ,
Property Damage ,
Property Insurance ,
Severe Weather
A recent Minnesota coverage decision provides guideposts for a commercial policyholder’s proper handling of an insurance claim as well as a cautionary tale regarding an excess insurer’s attempt to readjudicate liability in a...more
Recent court decisions across a variety of industries highlight the importance of submitting complete and accurate insurance applications and renewals. When submitting an application for insurance, the applicant should...more
2/8/2017
/ Applications ,
Breach of Contract ,
Commercial Insurance Policies ,
Corporate Counsel ,
Defense Strategies ,
Denial of Insurance Coverage ,
Failure To Disclose ,
Failure to Report ,
Insurance Claims ,
Insurance Litigation ,
Material Misrepresentation ,
Rescission ,
Risk Mitigation ,
Standard of Review