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But For Causation Policy Exclusions

Rivkin Radler LLP

August 2025 Insurance Update

Rivkin Radler LLP on

“Arising out of” is a phrase commonly found in an insurance policy. It’s a broad phrase, and courts construe it that way. When this phrase appears in an exclusion, courts often apply a “but for” causation test. And that may...more

Morgan Lewis

Judgment in the FCA’s Business Interruption Test Case – What Is the ‘Insured Peril?’

Morgan Lewis on

The eagerly anticipated judgment of Lord Justice Flaux and Mr. Justice Butcher in the Financial Conduct Authority’s (FCA’s) test case in relation to cover afforded under various business interruption wordings has now been...more

White and Williams LLP

Delaware Superior Court Applies “Capacity” Exclusion to Deny Coverage Under D&O Policy

White and Williams LLP on

In Goggin v. National Union Fire Insurance Company of Pittsburgh, PA, the Delaware Superior Court denied the insured directors’ motion for judgment on the pleadings after construing an exclusion in the applicable D&O...more

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