News & Analysis as of

Policy Exclusions Workplace Injury

Presley & Presley

Carrier’s Failures Create Coverage

Presley & Presley on

Insurance laws may vary slightly between jurisdictions but major principles are nearly uniform. These include requirements that an insurer should draft clear and unambiguous exclusions and should identify and fully inform the...more

Houston Harbaugh, P.C.

Pennsylvania Superior Court reaffirms invalidation of regular-use exclusion to preclude UIM coverage

Houston Harbaugh, P.C. on

On September 7, 2022, the Superior Court of Pennsylvania held in Jones v. Erie Insurance Exchange that “the regular-use clause of an insurance contract contravenes Section 1731” of the Pennsylvania Motor Vehicle Financial...more

White and Williams LLP

Insurers Can Look To Extrinsic Evidence To Deny a Defense

White and Williams LLP on

Last week, the New Jersey Supreme Court decided Norman International, Inc. v. Admiral Insurance Company, No. 086155 (N.J. Aug. 11, 2022). At issue was coverage for a work-site injury and the interpretation of a policy...more

Carlton Fields

Iowa Supreme Court Finds Fatality Allegedly Caused by Gross Negligence Was a Potential “Accident” Under CGL Policy

Carlton Fields on

Coverage under most commercial general liability (CGL) policies applies only to liability arising from an “accident.” As such, injury or damage that an insured “expected or intended” to occur is not covered....more

White and Williams LLP

Three-Year Delay Not “Prompt Notice,” But Insurer Not “Appreciably Prejudiced” Either, New Jersey Court Holds

White and Williams LLP on

In Harleysville Preferred Insurance Company v. East Coast Painting & Maintenance, LLC, 2019 U.S. Dist. LEXIS 135295 (D.N.J. Aug. 12, 2019) (East Coast Painting), the U.S. District Court for the District of New Jersey held...more

Manatt, Phelps & Phillips, LLP

Insurance Recovery Law - August 2015

Insured's Notice to Broker Satisfied Policy Requirements, Illinois Court Rules - Why it matters: An insured's notice to its broker satisfied the policy's notice requirements, an Illinois appellate panel recently...more

Carlton Fields

Construction Case Law Update - May 2015

Carlton Fields on

Contractor/Employee Injury Exclusion under Commercial General Liability Policy - After a worker suffered serious injury at construction site, insurer brought declaratory action seeking judgment that the...more

Manatt, Phelps & Phillips, LLP

Insurance Recovery Law - May 2015

California Appellate Court: All Claims “Arising From” Ponzi Scheme Are Precluded - Why it matters: Concluding that any claims related to a Ponzi scheme—even if they involved different investors, investments, or...more

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