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Eighth Circuit Finds No Coverage Under “Ensuing Loss” Provision Under Arkansas Law

“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

Tenth Circuit Upholds Clear and Unambiguous ATV Exclusion in Homeowners Policy

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

Seventh Circuit Declines to Enforce Plain Language of Distribution of Material Exclusion in Business Liability Policy

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

Eleventh Circuit Holds Buzz Words in Arbitration Demand Insufficient to Trigger Duty to Defend

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

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