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Commercial General Liability Policies Indemnification Policy Terms

Phelps Dunbar

Texas Court Could Limit Risk by Defining Exposure Trigger for Long-Tail Claims

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The Northern District of Texas recently issued a pivotal decision for long-tail injury cases. It clarified that under Texas law, excess liability coverage for long-tail injury claims can center on an exposure trigger theory....more

Butler Weihmuller Katz Craig LLP

Sexual Assault Is Not A Professional Service

Not many cases in Florida analyze Professional Services Exclusions in general liability policies.  However, on September 16, 2022, the Eleventh Circuit Court of Appeals released an order providing some clarification about the...more

Faegre Drinker Biddle & Reath LLP

What to Consider When Negotiating Indemnification Provisions

Indemnification provisions are common in many contracts. At first glance, these provisions can all appear to be roughly the same. But hidden in a “standard” indemnification term can be language that shifts unreasonable...more

Carlton Fields

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

Carlton Fields on

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

White and Williams LLP

Delaware Supreme Court Applies Plain Meaning of Insurance Policy Language to Reverse $48 Million Defense Cost Award

White and Williams LLP on

An unbroken sequence of Delaware trial court decisions have reflected strong pro-policyholder leaning in insurance cases in furtherance of the state’s pro-business model. Following the most recent of these pro-policyholder...more

White and Williams LLP

Insurers May Consider Extrinsic Evidence “Irrelevant to the Principal Merits” in Evaluating the Duty to Defend

White and Williams LLP on

For third-party liability insurers, no single phrase is more paramount (and vexing) than “the duty to defend is broader than the duty to indemnify.” The duty to defend is one of the most fundamental concepts in insurance...more

Rumberger | Kirk

Chapter 558 Pre-Suit Notice May Trigger an Insurer's Duty to Defend and Indemnify

Rumberger | Kirk on

The Supreme Court of Florida recently issued an opinion in Altman Contractors, Inc. v. Crum & Forster Specialty Ins. Co., No. SC16-1420, 2017 WL 6379535 (Fla. Dec. 14, 2017), which impacts an insurer’s duty to defend and...more

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