“Ensuing loss” provisions have long been the subject of nuanced arguments in insurance litigation. The provisions, which sometimes afford coverage for a “covered loss” stemming from an expressly excluded peril, serve as...more
4/21/2025
/ Appeals ,
Breach of Contract ,
Builders Risk Insurance ,
Construction Defects ,
Construction Disputes ,
Construction Litigation ,
Construction Project ,
Contract Disputes ,
Contractors ,
Denial of Insurance Coverage ,
Insurance Claims ,
Insurance Litigation ,
Policy Exclusions ,
Policy Terms ,
Subcontractors ,
Summary Judgment
The Tenth Circuit Court of Appeals declared that an insurer’s homeowners policy all-terrain vehicle exclusion barred coverage for a Utah insured’s injuries that did not occur at the “insured location.”...more
In Clear Blue Specialty Insurance Co. v. TFS NY Inc., the U.S. District Court for the Eastern District of New York, interpreting the plain and unambiguous terms of a commercial general liability policy issued by Clear Blue...more
On June 15, 2023, in Citizens Insurance Company of America v. Wynndalco Enterprises LLC, the Seventh Circuit Court of Appeals affirmed the U.S. District Court for the Northern District of Illinois’ decision holding that a...more
In Frankenmuth Mutual Insurance Co. v. Brown’s Clearing Inc., the Eleventh Circuit Court of Appeals affirmed an Alabama district court’s ruling that the insured was not required to give notice of an underlying lawsuit until...more
On November 8, 2022, the Eleventh Circuit Court of Appeals agreed with the U.S. District Court for the Middle District of Florida that Mount Vernon Fire Insurance Co. did not have a duty to defend Global Travel International...more
In Larson v. Liberty Mutual Fire Insurance Co., the Ninth Circuit Court of Appeals affirmed that, under Hawaii law, unambiguous broad settlement release language and the two-year tort statute of limitations barred claims that...more
On March 29, 2022, the Eleventh Circuit Court of Appeals held that a tort claimant lacks standing to challenge a court’s judgment finding that the carrier had no duty to defend the insured....more