News & Analysis as of

Policy Exclusions Evidence

Cozen O'Connor

The Importance of Experts J&S Welding, Inc. v. Liberty Mutual Insurance Company

Cozen O'Connor on

In J&S Welding, Inc. v. Liberty Mutual Insurance Company, the U.S. Court of Appeals reviewed a summary judgment ruling in favor of co-defendant West American Insurance Company (“West American”), issued by the U.S. District...more

Hinshaw & Culbertson - The LHD/ERISA Advisor

The LHD/ERISA Advisor: Ninth Circuit Rules Coverage under ERISA Disability Plan Excluded Due to Underlying Medical Condition

In Estate of Maurice v. Life Ins. Co. of N. Am., 792 Fed. Appx. 499 (9th Cir. Cal. Feb. 5, 2020), the Ninth Circuit held that coverage was excluded under an ERISA-governed disability plan ("Plan"), because the evidence in the...more

Carlton Fields

Insured’s Leaky “Abrupt” Interpretation of All-Risk Insurance Collapses Under Eleventh Circuit Scrutiny

Carlton Fields on

In S.O. Beach Corp. v. Great American Insurance Company of New York, No. 18-1967 (11th Cir. Oct. 31, 2019), the Eleventh Circuit affirmed the district court’s grant of summary judgment in full to the insurer, finding there...more

White and Williams LLP

Third Circuit Clarifies Intent Requirement for Suicide Exclusion in Life Insurance Policies Under New Jersey Law

White and Williams LLP on

On September 18, 2019, the U.S. Court of Appeals for the Third Circuit issued an opinion in Arena v. Riversource Life Insurance Company, 2019 U.S. App. LEXIS 28052 (3d Cir. Sep. 18, 2019) (non-precedential), affirming the...more

White and Williams LLP

NY Federal Court Refuses to Consider Extrinsic Evidence of an Insurer’s Claim Handling for a Different Policyholder

White and Williams LLP on

In Spandex House v. Hartford Fire Insurance Company, an insurer prevailed in a breach of contract and declaratory judgment action arising from an underlying suit against its insured, Spandex House Inc. In the underlying...more

White and Williams LLP

Eighth Circuit Holds Deposition Testimony Shows Adequate Notice Given for TCPA Exclusion

Yesterday January 3, 2019, the U.S. Court of Appeals for the Eighth Circuit held that an insurer had provided adequate notice of the Distribution of Material exclusion in a renewal policy to make the exclusion enforceable in...more

Poyner Spruill LLP

The Art of (Cyber) War, Or How A Little Known Policy Exclusion Can Nullify Your Insurance Coverage

Poyner Spruill LLP on

In June 2017, the NotPetya virus crippled many large companies including Merck and Mondelez (the manufacturer of Nabisco, Cadbury, and Toblerone). The aggregated losses, including property damage, operational disruptions, and...more

Carlton Fields

An Expert Is Only As Good As His Actual Experience

Carlton Fields on

Experts are often used to address issues of causation and scope of damages in insurance coverage matters. It is well established, however, that an expert must be qualified through specific training or actual experience. ...more

Manatt, Phelps & Phillips, LLP

Insurance Recovery Law - June 2015 #2

No Policy? No Problem, The First Circuit Rules In A Coverage Dispute - Why it matters: This case addresses the standard for pleading a missing insurance policy where the alleged insured, a private educational...more

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