Two phrases combined in a single exclusion—“alleging, arising out of, based upon or attributable to any violation of any law…” and “as respects… unfair trade practices” could inspire carriers to make trouble for policyholders...more
2/3/2021
/ Admissible Evidence ,
Class Action ,
Consumer Protection Laws ,
D&O Insurance ,
Denial of Insurance Coverage ,
False Advertising ,
Insurance Claims ,
Insurance Litigation ,
Policy Exclusions ,
Unfair Competition Law (UCL) ,
Unfair or Deceptive Trade Practices
A recent California appellate court decision found that a wage and hour exclusion in an Employment Practices Liability Insurance (“EPLI”) policy did not bar coverage for claims under California Labor Code sections 2800 and...more
10/8/2019
/ Appeals ,
Bad Faith ,
Breach of Contract ,
Business Expenses ,
Employer Liability Issues ,
Employment Practices Liability Insurance (EPLI) ,
Labor Code ,
Policies and Procedures ,
Policy Exclusions ,
Private Attorneys General Act (PAGA) ,
Statutory Violations ,
Wage and Hour
A 6th Circuit case decided earlier this year demonstrates how positions taken by insureds in prior litigation can impact or foreclose coverage in subsequent disputes with insurers. See K.V.G. Properties, Inc. v. Westfield...more
12/14/2018
/ Appeals ,
DEA ,
Denial of Insurance Coverage ,
Eviction ,
Insurance Claims ,
Landlords ,
Marijuana Cultivation ,
Policy Exclusions ,
Property Damage ,
Reaffirmation ,
Search Warrant ,
Subsequent Litigation ,
Summary Judgment ,
Tenants ,
Third-Party Criminal Acts
The legalization of cannabis in many states is helping the industry to become mainstream and gain access to insurance products taken for granted in other economic sectors.
But there is still a long way to go until the...more