News & Analysis as of

Exclusions Denial of Insurance Coverage

Presley & Presley

Carrier’s Failures Create Coverage

Presley & Presley on

Insurance laws may vary slightly between jurisdictions but major principles are nearly uniform. These include requirements that an insurer should draft clear and unambiguous exclusions and should identify and fully inform the...more

Cozen O'Connor

Ninth Circuit Affirms Application of Goods & Products Exclusion

Cozen O'Connor on

On March 9, 2022, the U.S. Court of Appeals for the Ninth Circuit, in Sentynl Therapeutics, Inc. v. U.S. Specialty Ins. Co, 2022 WL 706941 (9th Cir. Mar. 9, 2022) (applying California law), affirmed a district court’s holding...more

Wiley Rein LLP

Ohio Court Rules that “Frivolous Conduct” Exclusion Precludes Duty to Defend

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The Ohio Court of Appeals has affirmed that a professional liability insurer owed no duty to defend claims against attorneys and their law firm that accused the attorneys of filing “frivolous” lawsuits under the Individuals...more

Wiley Rein LLP

California Court Finds Insolvency Exclusion Ambiguous, Limits Application to Insolvency of Third Parties Other Than Claimant

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A California federal district court, applying California law, has held that an insolvency exclusion in a bankers’ professional liability policy did not bar coverage for a lawsuit filed by a receiver against a bank, finding...more

Wiley Rein LLP

Breach of Contract Exclusion Does Not Bar Coverage for Underlying Arbitration Award Against an Insured for Negligent...

Wiley Rein LLP on

The First District Court of Appeal for the State of Florida, applying Texas law, affirmed a trial court’s order that held a breach of contract exclusion does not bar coverage for an underlying arbitration award against an...more

Wiley Rein LLP

Prior Knowledge Provisions Barred Coverage for Malpractice Claim Based on Pre-Policy Sanctions and Default Judgment

Wiley Rein LLP on

The Montana Supreme Court has held that there was no coverage under a lawyers professional liability policy for a client’s malpractice claim because the lawyer knew of and failed to disclose, prior to the insured law firm’s...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Chemical-Or-Biological Materials Insurance Policy Exclusion: Minnesota Appellate Court Addresses Denial of Coverage Related to...

The Court of Appeals of Minnesota (“Court”) addressed in a February 8th Opinion an insurance company’s denial of coverage related to a herbicide containing the chemical glyphosate that was introduced into a mink farm water...more

Melito & Adolfsen

New York’s First Department Holds That Classification Limitation Endorsement Is Part Of The Coverage Grant, Not An Exclusion,...

Melito & Adolfsen on

In Black Bull Contracting, LLC v. Indian Harbor Insurance Company, 2016 NY Slip Op 00002, New York’s Appellate Division, First Department recently concluded that a classification endorsement barred coverage, holding in the...more

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