News & Analysis as of

Policy Exclusions

Farella Braun + Martel LLP

Judges Wipe Out Business Interruption Policyholders’ First (And Only) COVID Win

Out of the 1,199 (and counting) trial court rulings addressing Covid business interruption lawsuits, only one of them resulted in a victory for the policyholder. Back in 2022, Baylor College of Medicine won $12 million from...more

Woodruff Sawyer

​​Commercial Auto Liability Insurance: Ensuring Coverage in a Hard Market​

Woodruff Sawyer on

The auto insurance industry faces significant hurdles. As businesses grapple with rising costs and evolving risks, two key factors are reshaping the claims environment: social inflation and third-party litigation financing....more

Stoel Rives LLP

The Evolving Landscape of Bad-Faith Law in Oregon: A Year After Moody v. Oregon Community Credit Union

Stoel Rives LLP on

In a landmark decision in 2023, the Oregon Supreme Court in Moody v. Oregon Community Credit Union, 371 Or. 772, 542 P.3d 24 (2023), reshaped the contours of bad-faith insurance litigation in Oregon. This ruling has since...more

Marshall Dennehey

NJ Supreme Court Affirms Dismissal of Third-party Complaint Against Insurer. Negligence, Gross Negligence, Recklessness Claims Are...

Marshall Dennehey on

Rodrigues v. Shelbourne Spring, LLC, No. A-39-23 (December 12, 2024) - In a unanimous decision, the New Jersey Supreme Court found Hartford Underwriters Insurance Company had no duty to defend the employer, SIR Electric LLC....more

Rivkin Radler LLP

January 2025 New York Insurance Coverage Law Update

Rivkin Radler LLP on

The insured owned premises located in Huntington Station, NY. The Claimant was allegedly injured when she slipped and fell at the premises. The Claimant sued the insured and the insured sought coverage under her homeowners...more

Cozen O'Connor

Decision: Insurer Prevails on Motion in Limine to Exclude RCV Evidence at Trial

Cozen O'Connor on

In the recent decision Marquez v. Clear Blue Specialty Insurance Company, No. 6:23-cv-2025-ACC-DCI, 2024 U.S. Dist. LEXIS 219390 (M.D. Fla. Dec. 4, 2024), the U.S. District Court for the Middle District of Florida granted the...more

Rivkin Radler LLP

January 2025 Insurance Update

Rivkin Radler LLP on

We kick off the year with a quartet of state supreme court decisions and an intermediate appellate court ruling that has insurers breathing a harmonious sigh of relief. Policyholders and insurers often disagree over what the...more

Marshall Dennehey

Florida’s Third District Court of Appeal Rules Insurance Carrier Had Duty to Defend

Marshall Dennehey on

Fernandez v. Old Republic Nat’l Title Ins. Co., Fla. 3d DCA, No. 3D23-1088, December 4, 2024 - The Third District Court of Appeals reversed a trial court’s ruling and ordered the insurance carrier, Old Republic National Title...more

Houston Harbaugh, P.C.

Pennsylvania Superior Court Finds Exclusion Of Stacking Void, Allowing The Insured To Stack UIM Benefits From The Policy From...

Houston Harbaugh, P.C. on

In Erie Insurance Exchange v. Hannah Baluch, ___ A.3d ___, 2025 WL 22562 (Pa. Super. Ct., Jan. 3, 2025), the Pennsylvania Superior Court addressed whether an insured with her own automobile insurance policy is entitled to...more

Rivkin Radler LLP

New York Insurance Coverage Law Update — Compilation 2024

Rivkin Radler LLP on

An owner, general contractor (GC) and subcontractor (Sub) were sued by injured workers at a construction site, and they were defended by the Sub’s insurer, U.S. Specialty Insurance Company. U.S. Specialty tendered their...more

Kilpatrick

COVID All-Risk Policies

Kilpatrick on

In a ruling that bucked the national trend, the North Carolina Supreme Court recently held that restaurants’ business interruption losses caused by the COVID shutdown were covered under an all-risk property policy. North...more

Lowenstein Sandler LLP

2025 Outlook: What to Expect from Your Insurance Carriers

Lowenstein Sandler LLP on

Lynda A. Bennett, Heather Weaver, and Josh Weisberg of SterlingRisk  continue their year-end conversation about what changed in the insurance recovery space in 2024 and what to expect in 2025.  Lynda, Heather, and Josh...more

Jones Day

Delaware Court Rejects Application of D&O Policy's "Bump-Up" Exclusion to Securities Claim Settlement

Jones Day on

In a significant victory for policyholders, the Delaware Superior Court rejected three insurers' attempts to apply their Directors and Officers Liability ("D&O") policies' so-called "bump-up" exclusion to bar coverage for...more

McGuireWoods LLP

Xerox Obtains Important Pro-Policyholder Decision in New York’s First Department, Adopting Narrow Construction of “Arising From”...

McGuireWoods LLP on

In March last year, New York’s Appellate Division – First Department issued Xerox an important pro-policyholder decision in its D&O insurance recovery action against Travelers, arising from Xerox’s failed 2018 merger with...more

Houston Harbaugh, P.C.

Supreme Court Of North Carolina Holds That Losses Caused By The COVID-19 Shutdown Orders Are Direct Physical Loss Covered By...

On December 13, 2024, the Supreme Court of North Carolina broke with the nationwide trend, holding that, absent a virus exclusion, commercial property insurance policies cover losses covered by the shutdown orders issued in...more

Lowenstein Sandler LLP

Taking the Right Steps To Navigate the Consent To Settle Provision in an Insurance Policy and Maintaining the Right to Coverage...

Lowenstein Sandler LLP on

Insurers often try to withhold, or at least minimize, coverage by taking the position that a policyholder has failed to keep the insurer sufficiently informed throughout the defense of an underlying matter or has failed to...more

Akerman LLP

Hawai’i Supreme Court Addresses Insurance and Climate Change Litigation: “Occurrence” Requirement Met, but Pollution Exclusion...

Akerman LLP on

In Aloha Petroleum Ltd. v. National Union Fire Insurance Company of Pittsburgh (Aloha), the Supreme Court of Hawai’i held that, while the climate change litigation satisfied the “occurrence” requirement, greenhouse gases...more

Wiley Rein LLP

Illinois Appellate Court Holds Interrelated Wrongful Acts Provision and Prior and Pending Litigation Exclusion Bar Coverage

Wiley Rein LLP on

The Appellate Court of Illinois has held that an underlying lawsuit was interrelated with another lawsuit brought against the insured by a different claimant, and thus precluded from coverage pursuant to the policy’s...more

Sheppard Mullin Richter & Hampton LLP

The California Court of Appeal Interprets the Meaning of “Care, Custody, or Control” in the Context of an Abuse or Molestation...

In 2015, Continental Casualty Company issued a commercial general liability policy to Zongwei Shen dba Nobles Massage Spa. The policy covered Shen (the spa owner) and Zhong Xin (the spa manager and Shen’s wife) for damages...more

Zelle  LLP

Is Your War Exclusion Fit for Purpose?

Zelle LLP on

As global threats evolve, so does the question of what constitutes a ‘war’ risk under a standard property insurance policy, and how this might impact coverage. Historically, a war was a physical conflict between two or...more

Zelle  LLP

The Zelle Lonestar Lowdown Issue 20 - December 2024

Zelle LLP on

Welcome to The Zelle Lonestar Lowdown, our monthly newsletter bringing you relevant and up-to-date news concerning Texas first-party property insurance law. Inside this Issue: - Todd Tippett’s Top Ten Consultants an...more

McGuireWoods LLP

North Carolina Supreme Court Unlocks the Door to COVID-19 Business Interruption Coverage, Holding that Pandemic-Era Restrictions...

McGuireWoods LLP on

Last week, the North Carolina Supreme Court issued its long-awaited ruling in North State Deli, LLC v. The Cincinnati Insurance Company, siding with a group of North Carolina restaurants that sought business interruption...more

Rivkin Radler LLP

December 2024 Insurance Update

Rivkin Radler LLP on

There’s been plenty of litigation over whether construction defect claims qualify for coverage under a CGL policy. This month, we discuss two federal circuit court rulings (First and Seventh Circuits) that reach opposite...more

Sheppard Mullin Richter & Hampton LLP

An Insurer is not Vicariously Liable for Actions by an Agent That Are Outside the Scope of the Agency Relationship and Were...

In December 2020, Plaintiff Erin Hughes applied for homeowners coverage for her Malibu home with her Farmers’ insurance agent. Hughes obtained a fire policy through the California FAIR Plan and a homeowners policy through...more

Wiley Rein LLP

Tenth Circuit Deems D&O Policy Ambiguous Based on Interplay of Coverage Grant with Managed Care Exclusion

Wiley Rein LLP on

The United States Court of Appeals for the Tenth Circuit, applying Kansas law, has held that a D&O insurer was obligated to reimburse defense costs where a policy expressly covered antitrust claims but excluded coverage for...more

1,027 Results
 / 
View per page
Page: of 42

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide