In the home health care business? Whether a franchisor, franchisee, or independent agency, beware of bodily injury exclusions in professional liability policies that could eliminate coverage for otherwise covered claims....more
8/14/2025
/ Bodily Injury ,
Denial of Insurance Coverage ,
Franchise Agreements ,
Franchisors ,
Healthcare ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
Liability Insurance ,
Policy Exclusions ,
Professional Liability Insurance ,
Texas
Insurance policies often incorporate assignment clauses, which require policyholders to obtain their insurers’ written consent before assigning their insurance policies to others. For example, the ISO Common Policy Conditions...more
This is the first in a series of articles addressing critical issues in risk management and insurance for skilled nursing facilities.
Owners and operators of skilled nursing facilities know that a claim or lawsuit against...more
4/1/2025
/ Damages ,
Healthcare ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
Negligence ,
New Legislation ,
Policy Exclusions ,
Professional Liability Insurance ,
Retaliation ,
Risk Management ,
Skilled Nursing Facility
A recent Mississippi case reminds commercial and residential policyholders alike of the importance of updating insurance coverage when circumstances change to avoid a coverage dispute or the loss of coverage altogether....more
On December 31, 2021, New York imposed draconian new insurance disclosure requirements on defendants in New York state courts when Gov. Kathy Hochul signed the Comprehensive Insurance Disclosure Act (Senate Bill 7052) into...more
In a sweeping decision, the U.S. Court of Appeals for the Fifth Circuit extended the absolute pollution exclusion to the unplanned discharge of “rock fines,” pellets produced during quarry operations, and denied coverage for...more
1/31/2020
/ Appeals ,
Commercial General Liability Policies ,
Declaratory Judgments ,
Denial of Insurance Coverage ,
Department of Environmental Protection ,
Drinking Water ,
Duty to Defend ,
Environmental Violations ,
Insurance Industry ,
Insurance Litigation ,
Notice of Violation ,
Policy Exclusions ,
Policy Terms ,
Pollution Exclusion ,
Reversal ,
Statutory Violations ,
Umbrella Policies ,
Water Pollution
Informed insureds know the importance of notifying their primary insurer of an occurrence or a claim. But notice to the primary layer often does not suffice. If the plaintiff’s demand exceeds the limits in the primary...more
8/24/2019
/ Appeals ,
Car Accident ,
Commercial General Liability Policies ,
Construction Industry ,
Duty To Notify ,
Excess Policies ,
Insurance Litigation ,
Laches ,
Summary Judgment ,
Totality of Circumstances Test ,
Umbrella Policies
A recent Minnesota coverage decision provides guideposts for a commercial policyholder’s proper handling of an insurance claim as well as a cautionary tale regarding an excess insurer’s attempt to readjudicate liability in a...more
Recent court decisions across a variety of industries highlight the importance of submitting complete and accurate insurance applications and renewals. When submitting an application for insurance, the applicant should...more
2/8/2017
/ Applications ,
Breach of Contract ,
Commercial Insurance Policies ,
Corporate Counsel ,
Defense Strategies ,
Denial of Insurance Coverage ,
Failure To Disclose ,
Failure to Report ,
Insurance Claims ,
Insurance Litigation ,
Material Misrepresentation ,
Rescission ,
Risk Mitigation ,
Standard of Review