News & Analysis as of

Policy Exclusions Exclusions

Zelle  LLP

Any is Not All and The Future is Not Now: The Contours of the Cosmetic Damage Exclusion Taking Shape

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In Iyengar v. Liberty Insurance Corporation, No. SA-21-CV-1091-FB, 2024 WL 5505300 (W.D. Tex. Dec. 13, 2024), District Judge Biery denied Plaintiffs’ Motion for Clarification regarding Magistrate Judge Bemporad’s...more

Wiley Rein LLP

No Coverage for Lawsuit Where “Claim” First Made at Time of Tolling Agreement

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In a win for Wiley’s client, the Supreme Court of New York for New York County, applying New York law, has held that no coverage is available for a legal malpractice lawsuit because the “claim” was first made before the...more

Houston Harbaugh, P.C.

Pennsylvania High Court to Consider Whether Regular Use Exclusion Violates Statute

On June 27, 2022, the Supreme Court of Pennsylvania granted allowance of appeal in Rush v. Erie Insurance Exchange regarding the issue of whether the Superior Court erred “by finding that the ‘regular use exclusion’ contained...more

Wiley Rein LLP

Applicability of Insured v. Insured Exclusion Can Be Determined By Reference to Complaint Alone

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The United States District Court for the Southern District of Indiana has held that an insured v. insured exclusion barred coverage for a lawsuit brought in the name of a music fraternity against its president and executive...more

McGlinchey Stafford

What damages are recoverable for a loan servicer’s failure to completely respond to a Qualified Written Request? - The Bullet...

McGlinchey Stafford on

Ohio- RESPA Actual Damages- Miller v. Bank of New York Mellon, 6th Cir. No. 21-1126, 2021 U.S. App. LEXIS 35755 (Dec. 1, 2021) In this appeal, the Sixth Circuit affirmed the district court’s dismissal of the borrower’s...more

Wiley Rein LLP

Insurer May Rescind Policy and Recoup Defense Costs Based on Insured’s Failure to Disclose Known Potential Claim

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A California federal district court, applying California law, allowed an insurer to rescind an elder care facility’s policy based on material misrepresentations in the application regarding known circumstances that could...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

Brownstein Hyatt Farber Schreck

Trustee Alert – Health Plan Exclusion of Medical Marijuana

Due to changes in state marijuana laws, including medical and recreational use, health plan administrators are wondering whether they may be required to cover medical marijuana or whether a plan can or should exclude it from...more

King & Spalding

Avoid the “Insolvency Exclusion” Trap in E&O Policies: Tennessee Federal Court Confirms That Insolvency Exclusion Does Not Apply...

King & Spalding on

As the wave of litigation spawned by the 2008 financial crisis begins to ebb, insurance-coverage litigation arising out of the credit crisis continues unabated. Financial institutions have successfully pursued insurance...more

Carlton Fields

Real Property, Financial Services & Title Insurance Update

Carlton Fields on

Easements: trial court erred in denying statutory easement or “way of necessity” where owners established all elements pursuant to section 704.01(2), Fla. Stat. – Messer v. Sanders, No. 1D13-3084 (Fla. 1st DCA July 9, 2014)...more

Cozen O'Connor

New York Court: Storm Surge is a Species of Excluded Flood

Cozen O'Connor on

One of the most litigated issues in the Gulf States in the wake of Hurricane Katrina was whether flood exclusions bar coverage for loss by storm surge. The courts ultimately decided that the answer was yes....more

Orrick, Herrington & Sutcliffe LLP

Policyholder Observer

Encryption Flaw "Heartbleed" Creates Data Risk: How Insurance Can Stanch the Bleeding - In early April, news broke of an encryption flaw named “Heartbleed” that exposed companies to data breaches for over two and one...more

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