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Policy Exclusions Insurance Regulations

Carlton Fields

Eighth Circuit Finds Assault & Battery Exclusion Bars CGL Coverage for Bar Patron’s Gunshot Injury

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In Scaglione v. Acceptance Indemnity Insurance Co., the Eighth Circuit Court of Appeals affirmed a district court order holding that an assault and battery exclusion in a commercial general liability policy barred coverage...more

Carlton Fields

Eleventh Circuit Holds Fungi or Bacteria Exclusion Inapplicable Because Cooling Tower Containing Legionella Was Not a “Building”...

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On June 28, 2023, the Eleventh Circuit Court of Appeals issued an opinion in Southern-Owners Insurance Co. v. Waterhouse Corp. affirming that fungi or bacteria exclusions did not apply because a cooling tower that allegedly...more

Carlton Fields

Seventh Circuit Declines to Enforce Plain Language of Distribution of Material Exclusion in Business Liability Policy

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On June 15, 2023, in Citizens Insurance Company of America v. Wynndalco Enterprises LLC, the Seventh Circuit Court of Appeals affirmed the U.S. District Court for the Northern District of Illinois’ decision holding that a...more

Butler Weihmuller Katz Craig LLP

Coverage By Waiver In Georgia? Not Anymore Says The Eleventh Circuit

In 2012, the Georgia Supreme Court stated, in a third-party coverage matter, “an insurer cannot both deny a claim outright and attempt to reserve the right to assert a different defense in the future.” Hoover v. Maxum Indem....more

Wiley Rein LLP

EPL Insurer Must Defend Lawsuit Derived in Part from EEOC Claim and Retaliation Lawsuit Filed Prior to Policy Period

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Applying Michigan law, a federal district court has held that an employment practices liability insurer had a duty to defend a lawsuit that derived in part from facts or circumstances that were the subject of an EEOC claim...more

Robins Kaplan LLP

Don’t Stop the Music: The Intersection Between Insurance and The Music Industry in the Era of COVID-19

Robins Kaplan LLP on

As More Live Performances Are Cancelled, Limited In Size Or Postponed, Venues, Festival Organizers, Artists And Others Are Looking For Relief From The Financial Impact Caused By The Coronavirus Crisis....more

Troutman Pepper

PA Introduces Legislation That Would Rewrite Business Interruption Insurance Policies To Cover COVID-19 Losses

Troutman Pepper on

Pennsylvania recently joined the movement to introduce legislation that would override insurance policy language and require carriers that have issued commercial liability policies — specifically policies covering business...more

White and Williams LLP

COVID-19: The Real Operation of New Jersey's Proposed Insurance Legislation

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The New Jersey legislature recently introduced a bill designed to compel insurance companies to pay some business interruption claims arising out of the coronavirus. The law’s drafters are aware that, to do so, they are...more

King & Spalding

Cancelled Due to the Coronavirus: Maximizing Insurance Coverage for Event Cancellation Losses

King & Spalding on

Over the past several weeks, the COVID-19 coronavirus outbreak has shaken global markets and caused widespread disruption to businesses throughout the world. As the virus continues to spread around the globe, many companies...more

Carlton Fields

Look No Further Than the Insuring Clause: Ill-Gotten Gains Do Not Constitute Covered “Loss”

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On August 26, 2019, the Eleventh Circuit Court of Appeals, applying Florida Law, held that ill-gotten gains do not constitute covered “loss” within the meaning of a D&O policy. In Philadelphia Indemnity Insurance Co. v. Sabal...more

Carlton Fields

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

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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

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