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
With the potential addition of autonomous cars and trucks to commercial fleets, commercial insureds should reassess coverage under their commercial auto, products liability and cyber insurance policies. Automation,...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
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
Insurance policies typically include a cooperation clause, which requires the insured to cooperate with the insurer in the defense of a covered claim. Insurers routinely use this clause as a sword against their insureds by...more
7/27/2015
/ Babcock & Wilcox Construction ,
Bad Faith ,
Class Action ,
Contract Terms ,
Duty to Defend ,
Fairness Standard ,
Insurance Industry ,
Policy Exclusions ,
Policy Limits ,
Reservation of Rights ,
Toxic Exposure