News & Analysis as of

Policy Exclusions

Haight Brown & Bonesteel LLP

Care, Custody or Control Exclusion Requires Complete and Exclusive Control by Insured Claiming Coverage

In McMillin Homes Construction v. Natl. Fire & Marine Ins. Co. (No. D074219, filed 6/5/19) a California appeals court held that a “care, custody or control” exclusion did not bar coverage for defense of a general contractor...more

Traub Lieberman Straus & Shrewsberry LLP

Northern District of Illinois Holds Liability for Child Pornography Not Covered By Homeowners Policy

The Northern District of Illinois held earlier this week that disgraced former Illinois state representative Keith Farnahan’s homeowner’s insurer is not required to cover Farnahan’s civil liability for child pornography.  The...more

White and Williams LLP

Eleventh Circuit Defers to Insurer’s Definition of Professional Services

by White and Williams LLP on

Does an Errors & Omissions (E&O) insurer have a duty to defend its insured mental healthcare provider when the policyholder was not licensed to provide such mental health counseling services? The Eleventh Circuit recently...more

McCarter & English: Climate Change &...

Loss From A Ruptured Water Pipe - Noscitur A Sociis Rescues Coverage

A homeowner in Kentucky – even if he doesn’t read Latin – is thankful that someone does.  Noscitur a sociis - a word is known by the company it keeps - is a hoary phrase, tracing its roots at least to the 17th Century and the...more

Bradley Arant Boult Cummings LLP

Could Possible Predictability Be Coming to Wilderness Therapy Coverage Disputes?

Current trends in litigation regarding wilderness therapy coverage center on motion practice. Courts have been unpredictable with granting or denying defendants’ motions to dismiss and motions for summary judgment, and recent...more

White and Williams LLP

Invasion of Privacy Exclusion in a Claims-Made Policy and Looking Ahead to Data Privacy Litigation

by White and Williams LLP on

This week in Horn v. Liberty Insurance Underwriters, Inc., 2019 U.S. Dist. LEXIS 90194 (S.D. Fla. May 30, 2019), the Florida district court held that an invasion of privacy exclusion under a claims-made policy prohibited...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending May 10, 2019

by Carlton Fields on

Real Property Update - Ad Valorem Taxes: in a matter of first impression, county's immunity from taxation does not extend extraterritorially to property it owns in another Florida county - Joiner v. Pinellas Cnty., Fla.,...more

Robins Kaplan LLP

I’ve Reached My Limit: Exploring the Fire Damage Legal Liability Limit in Commercial General Liability Policies

by Robins Kaplan LLP on

In the face of a fire that results in damage to multiple units of a commercial building, it can be difficult for insurers to determine the scope and extent of coverage available under a commercial general liability policy....more

Norris McLaughlin, P.A.

More Than Your Mark Guest Pete Picetti Answers Questions About Cyberinsurance Coverage

by Norris McLaughlin, P.A. on

Today we have the pleasure of being joined by our guest, Pete Picetti of Heffernan Insurance Brokers. Pete specializes in serving food and beverage clientele, and recently served with me on a panel on Risk Management at the...more

Womble Bond Dickinson

Eleventh Circuit Holds TCPA Lawsuit Did Not Fall Within Coverage for “Accidents” Under Insurance Policy

by Womble Bond Dickinson on

The Eleventh Circuit recently held that sending a fax in violation of the TCPA is not considered an “accident” in determining whether coverage existed for TCPA claims under a commercial general liability insurance policy. ...more

Cozen O'Connor

Collapse Coverage: Second Circuit Holds That Cracking Walls Do Not Constitute “Collapse”

by Cozen O'Connor on

Most homeowners’ policies – and property insurance policies in general – contain a limited coverage extension for “collapse.” The interpretation of that collapse coverage has been litigated around the country for decades,...more

Carlton Fields

A Lesson in Sticking to Your Guns: Court Reverses Course and Finds No Duty to Defend or Indemnify on a Motion for Reconsideration

by Carlton Fields on

On May 1, 2019, the U.S. District Court for the Middle District of Georgia held that a firearms exclusion in a general liability insurance policy applied to bar coverage for an underlying action arising from a shooting at the...more

Farella Braun + Martel LLP

“That Particular Part” – Yet More

Massachusetts Appeals Court Gets It Right – Mostly - Hot on the heels of the Federal Tenth Circuit Court of Appeals’ decision in MTI, Inc. v. Employers Insurance Company of Wausau, __ F.3d __, 2019 WL 321423 (10th Cir....more

Lawson Lundell LLP

Do Environmental Exclusion Clauses Hold Up?

by Lawson Lundell LLP on

Earlier this month, the B.C. Court of Appeal rendered its decision in West Van Holdings Ltd. v. Economical Mutual Insurance Company, 2019 BCCA 110 – a case which considered whether insurers can rely on certain exclusion...more

Farella Braun + Martel LLP

The 10th Circuit Correctly Construes “That Particular Part” Narrowly

by Farella Braun + Martel LLP on

We do not often write about coverage opinions from jurisdictions as far away as Oklahoma; however, a recent case from the Federal Tenth Circuit looked at one of our favorite topics and came out with a much better reasoned...more

Ward and Smith, P.A.

What! My Flood Policy Doesn’t Cover Flood Damage?! This, and Other Pitfalls of NFIP Flood Insurance Policies

by Ward and Smith, P.A. on

Congress created the National Flood Insurance Program (the "NFIP") to help make flood insurance more affordable in higher-risk areas. FEMA oversees the program and writes the terms of the Standard Flood Insurance Policy...more

Ruder Ware

Insurance Claims: When in Doubt, Report

by Ruder Ware on

Any prudent business obtains some level of insurance. Those periodic payments buy the peace of mind that insurance will step in when needed. In the event of certain unforeseen property damage, injuries or other losses,...more

Carlton Fields

Coverage Issues Relating to Drones Take on New Heights: A California District Court Finds Drone-Related Injury Falls Within...

by Carlton Fields on

In Philadelphia Indemnity Insurance Co. v. Hollycal Production Inc. et. al., No. 5:18-cv-00768-PA-SP (C.D. Cal. Dec. 7, 2018), a California district court held that Philadelphia Indemnity Insurance Co. was not obligated to...more

Pillsbury - Policyholder Pulse blog

11th Circuit Finds Duty to Indemnify Is Not Ripe until Underlying Action Is Resolved

It’s a familiar story to anyone involved in insurance claims. A policyholder is sued and tenders the claim to its insurer. The insurer agrees to defend subject to a reservation of rights, but it also asserts that policy...more

Pillsbury - Policyholder Pulse blog

Dictionary Guides Court in Multimillion-Dollar Coverage Dispute

A little under two years ago, we wrote about the fatal Oxford comma—you know, the one that comes before “and” in a list—and the impact of its omission on a court’s interpretation of a Maine employment statute. The court...more

Carlton Fields

Financial Services & Title Insurance Update: Week Ending March 1, 2019

by Carlton Fields on

Financial Services Update - FDCPA: no liability for a debt collector that provides the name of the hospital, the account number, patient name, date of service, and amount of debt, but who fails to include the word "creditor"...more

Traub Lieberman Straus & Shrewsberry LLP

Fifth Circuit Addresses When A Law Firm Should Reasonably Expect A Future Claim In Analyzing Policy Rescission

In Imperium Ins. Co. v. Shelton & Assocs., 2019 WL 1096336 (5th Cir. March 6, 2019), the U.S. Court of Appeals for the Fifth Circuit addressed when a lawyer’s professional liability policy may be rescinded based on material...more

Weil, Gotshal & Manges LLP

D&O Insurance and the Bankrupt Portfolio Company—Are the Director Designees of PE Owners Actually Covered?

All too often the task of procuring and renewing D&O insurance at a portfolio company is assigned to the portfolio company’s CFO or Controller, who employs an insurance broker to find the best price for the amount of coverage...more

Newmeyer & Dillion LLP

How One Squirrel Taught us a Surprising Amount About Insurance Investigation Lessons Learned From the Iowa Supreme Court

by Newmeyer & Dillion LLP on

A recent decision issued by the Iowa Supreme Court, City of West Liberty, Iowa v. Employers Mutual Casualty Company, highlights the importance for a policyholder to investigate a loss fully so that a wide range of evidence...more

Pillsbury - Policyholder Pulse blog

Second Circuit Misinterprets D&O Policy Warranty Letter

When adding new or additional layers to an insurance program, policyholders are often asked to sign a “warranty letter” providing comfort to the prospective insurer that the policyholder is not aware of impending claims....more

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Privacy Officer
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Sausalito, California 94965

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Privacy Officer
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Sausalito, California 94965

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