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Denial of Insurance Coverage Consumer Insurance Products Policy Exclusions

Ballard Spahr LLP

WA State Court: No COVID-19 Coverage in Tulalip Tribes v. Lexington

Ballard Spahr LLP on

In a recent COVID-19 Washington State insurance bad faith case, Tulalip Tribes of Washington v. Lexington Ins. Co., Division I of the Washington Court of Appeals affirmed Washington’s stance holding lost physical use of...more

Carlton Fields

Mass. Court Holds Unprovoked Attack Not “Physical Abuse” Within Meaning of Abuse and Molestation Exclusion

Carlton Fields on

In Dorchester Mutual Insurance Co. v. Miville, the Supreme Court of Massachusetts discussed the basis for its reversal of the Superior Court’s grant of summary judgment in favor of Dorchester Mutual based on its...more

Butler Weihmuller Katz Craig LLP

Coverage By Waiver In Georgia? Not Anymore Says The Eleventh Circuit

In 2012, the Georgia Supreme Court stated, in a third-party coverage matter, “an insurer cannot both deny a claim outright and attempt to reserve the right to assert a different defense in the future.” Hoover v. Maxum Indem....more

Miller Nash LLP

Cannabis Coverage Alert: Oregon Court Distills the Science of Cannabis to Find Insurance for a CBD Claim

Miller Nash LLP on

Although the 2018 Farm Bill carved out hemp from the federal Controlled Substances Act, few court rulings have addressed the legal distinction between federally-legal hemp and federally-illegal cannabis. A new opinion from...more

Butler Weihmuller Katz Craig LLP

Insurer Doesn’t “Waive” Goodbye To Coverage Defenses By Making A Payment

Does an insurer “open coverage” or “acknowledge coverage” for a claim by making a payment? No, it doesn’t. The Third DCA confirmed: an insurer does not waive its coverage defenses, such as policy exclusions or breaches of...more

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