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Eleventh Circuit Holds Course of Construction Exclusion Applies to Water Damage as Project Was Not Fully Complete

In Liberty Surplus Insurance Corp. v. Kaufman Lynn Construction Inc., the Eleventh Circuit Court of Appeals held that a “course of construction exclusion” in a commercial general liability precluded coverage for water damage...more

Kentucky Holds No Coverage for Malicious Prosecution Claim Under Policy Issued After Claimant’s Wrongful Arrest

In City of Newport v. Westport Insurance Co., the Kentucky Court of Appeals addressed whether coverage existed for a malicious prosecution claim in a law enforcement liability policy that covered only periods of time during...more

Fifth Circuit Holds No Uninsured Motorist Coverage for Lyft Driver Following Crash

In Neptune v. Indian Harbor Insurance Co., the Fifth Circuit Court of Appeals recently addressed whether uninsured motorist (UM) coverage applied in an accident where there was no evidence of a “hit” from the uninsured...more

7th Cir. Holds Insurance Coverage Applies to Settlement Payments for Alleged Anti-Kickback and False Claims Act Violations

On May 3, 2023, the Seventh Circuit Court of Appeals, in Astellas US Holding Inc. v. Federal Insurance Co., held that a liability insurer was required to contribute its limits toward its insured’s payment to settle potential...more

The Conflict Between Choice-of-Law Provisions in Insurance Policies and a State’s Fundamental Public Policy

Many contracts include a choice-of-law provision in which the parties agree to use a particular jurisdiction’s set of laws to govern the contract. These provisions promote predictability. No matter where a dispute may arise...more

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