News & Analysis as of

Policy Exclusions

Vacancy Exclusion: Eleventh Circuit (Florida) Weighs In On “Dwelling Being Constructed” Exception

Vacancy exclusions are commonplace in many homeowner policies, and typically exclude coverage for certain types of losses if the home is vacant and/or unoccupied. Litigation involving vacancy exclusions can arise when terms...more

Ninth Circuit "Interprets" Accident Plan; "Direct and Sole Cause" Doesn't Mean What It Says

In Dowdy v. Metro. Life Ins. Co., 16-15824, 2018 U.S. App. Lexis 12648 (9th Cir. May 16, 2018), the Ninth Circuit ruled that an accident plan that covers “accidental injury that is the Direct and Sole Cause of a Covered Loss”...more

Fifth DCA Strikes Blow To Popular Policy Exclusion

The Fifth District Court of Appeal recently issued a decision that will likely force homeowners insurance carriers to rewrite one of their stalwart policy exclusions that pertains to “constant or repeated seepage or leakage”...more

New York Court Holds Pollution Exclusion Inapplicable to 9/11 Claims

In its recent decision in National Union Fire Insurance Co. of Pittsburgh, PA v. Burlington Ins. Co., 2018 N.Y. Misc. LEXIS 1503 (Sup. Ct. NY Co. Apr. 27, 2018), the Supreme Court of New York for New York County considered...more

District of Maryland: Prior Knowledge Exclusion in Policy Application Bars Coverage

by White and Williams LLP on

Professional liability insurance policies often contain prior knowledge exclusions, which typically bar coverage when an insured has “knowledge or information of any act, error or omission which may give rise to a Claim.”...more

Unenforceable “Policy Interpretation” Provision

by Blank Rome LLP on

There are certain immutable truths. For example, we know that the sun will rise in the east tomorrow, that the earth is not flat, that coverage grants in an insurance policy are to be interpreted broadly consistent with the...more

Insuring Cannabis: Not Business As Usual, Yet

The legalization of cannabis in many states is helping the industry to become mainstream and gain access to insurance products taken for granted in other economic sectors. But there is still a long way to go until the...more

Bad Facts (Sometimes) Make Good Law – The Worst Texting and Driving Incident Still Does Not Defeat Coverage under NY Law

Insurance agreement language that precludes coverage in CGL policies for “expected or intended” injuries has been analyzed in nearly every jurisdiction, and courts have consistently held that bodily injury or property damage...more

Another Court Applies New York’s “Sufficient Factual Nexus” Test to Related Claims

by White and Williams LLP on

Claims-made insurance policies typically contain provisions providing that all “related claims” be treated as a single “claim,” deemed first made at the time the earliest of such claims was made. The related claims issue is...more

The Eleventh Circuit Strengthens the Third District Court of Appeal's Decision in Cheetham: Know Thy Policy Terms

In Cameron v. Scottsdale Insurance Company, No. 17-11907, 2018 WL 1791889, at *1 (11th Cir. Apr. 16, 2018), the Eleventh Circuit vacated the lower court’s grant of summary judgment in favor of the insurer and relied on...more

Insurers May Consider Extrinsic Evidence “Irrelevant to the Principal Merits” in Evaluating the Duty to Defend

by White and Williams LLP on

For third-party liability insurers, no single phrase is more paramount (and vexing) than “the duty to defend is broader than the duty to indemnify.” The duty to defend is one of the most fundamental concepts in insurance...more

Court Finds That E&O Policy Dishonesty Exclusion Negates Coverage Where Underlying Tortious Claims Were Also Found to be the...

by Reminger Co., LPA on

In this case, the Certified Steel Stud Association (“CSSA”), a trade association, was accused of participating in a civil conspiracy along with several of its corporate members to commit the tortious acts of violating the...more

No Coverage for Seafood Importer Netted in Phishing Scam

by White and Williams LLP on

On April 16, 2018, Beazley Group issued a report highlighting increased attacks on Microsoft’s cloud-based business products and services. The report stated that successful attacks typically are achieved by tricking employees...more

Impaired Property Exclusion Bars Coverage When Loose Bolt Interferes with MRI Unit Operation

In All Green Electric v. Security National Ins. Co. (No. B279456, filed 3/19/18, ord. pub. 4/17/18), a California appeals court ruled that the impaired property exclusion barred coverage for a claim based on the insured’s...more

Assessing Business Auto Coverage For Autonomous Vehicles

With the potential addition of autonomous cars and trucks to commercial fleets, commercial insureds should reassess coverage under their commercial auto, products liability and cyber insurance policies. Automation,...more

SEC Action Highlights Importance of Specific Language in Directors and Officers Insurance for Fintech and Other Startup Companies

The founder of Mozido, the fintech startup once claimed to be valued at $5.6 billion, has been named as a defendant in a civil lawsuit filed by the Securities and Exchange Commission (SEC). The complaint names Michael Liberty...more

Texas Federal Court Holds Faulty Workmanship Exclusion Applies to All Damage Caused By Drilling Gear Malfunction, Rejects...

When does an excluded loss end and a covered “resulting loss” begin? This thorny question was the subject of a recent decision out of the Southern District of Texas, EMS USA, Inc. v. The Travelers Lloyds Insurance Co., No....more

Florida Court Rules Against Insurer on Seepage/Leakage Exclusion

Florida first-party property insurers have seen a dramatic rise in the number of reported water loss claims over the past five years. ...more

The Water Exclusion: New York’s Fourth Department Interprets The Definition of Surface Water

The “Water Damage” exclusion incorporated in many property insurance policies is the subject of much litigation, including the scope and applicability of the “surface water” exclusion to various water damage scenarios....more

Florida Court Finds Constant or Repeated Seepage or Leakage Exclusion Ambiguous

In Hicks v. American Integrity Insurance Company, 43 Fla. L. Weekly D 446 (Fla. 5th DCA 2018), the Fifth District reversed summary judgment in favor of American Integrity, finding that the trial court misapplied a policy...more

Freezing Exclusion: Third Circuit Affirms District Court’s Grant Of Summary Judgment To Insurer

Many typical homeowner’s insurance policies contain an exclusion for damages as a result of freezing unless the homeowner uses “reasonable care” to maintain heat in the home....more

New York Insurance Law: Under Construction

Imagine you hired a general contractor to renovate the master bathroom of your home. The general contractor hired a subcontractor to do the plumbing work, but the subcontractor botched the job, resulting in a massive leak...more

You May Not Have the Insurance Coverage for Computer Fraud That You Think You Do

by Newmeyer & Dillion LLP on

If you think you have adequately protected your company by purchasing a computer fraud insurance policy, you may be wrong. Exclusions in the policy may result in your insurance carrier being able to deny coverage for some...more

Delaware Public Policy Does Not Preclude D&O Insurance Coverage for Fraud

by Morris James LLP on

In Arch Insurance v. Murdock, (Del. Ch. Mar. 1, 2018), a D&O insurance coverage dispute, the state Superior Court’s complex commercial litigation division reasoned broadly to hold that, absent a contrary choice of law clause,...more

Defence + Indemnity: February 2018 - I. Insurance Issues C.

by Field Law on

I. INSURANCE ISSUES - C. The SEF 44 Endorsement is not a standalone policy and exclusions in the underlying policy apply to it such that a claimant passenger of a stolen vehicle is entitled to benefits if he/she did not...more

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