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Zelle LLP

Any is Not All and The Future is Not Now: The Contours of the Cosmetic Damage Exclusion Taking Shape

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In Iyengar v. Liberty Insurance Corporation, No. SA-21-CV-1091-FB, 2024 WL 5505300 (W.D. Tex. Dec. 13, 2024), District Judge Biery denied Plaintiffs’ Motion for Clarification regarding Magistrate Judge Bemporad’s...more

Wiley Rein LLP

Lending Exclusion in Bankers Professional Liability Policy Bars Coverage For Claim Alleging Financing a Ponzi Scheme

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The United States District Court for the Central District of California, applying California law, has held that a lending exclusion in a bankers professional liability policy barred coverage for underlying lawsuits alleging...more

Wiley Rein LLP

No Coverage for Lawsuit Where “Claim” First Made at Time of Tolling Agreement

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In a win for Wiley’s client, the Supreme Court of New York for New York County, applying New York law, has held that no coverage is available for a legal malpractice lawsuit because the “claim” was first made before the...more

Rivkin Radler LLP

New York Insurance Coverage Law Update - April 27 2023

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The insureds, a country club and motorcycle group, held an annual motorcycle rally. They were sued by two motorcycle riders who were struck by an automobile as the riders and automobile were entering the premises of the club...more

Pillsbury - Policyholder Pulse blog

Insurers Seek to Avoid Coverage for BIPA Claims by Using Old Exclusions for New Purposes

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When Illinois enacted the Biometric Information Privacy Act in 2008 (BIPA), the concept of “biometric privacy protection” was foreign to many observers. Yet less than 20 years later, consumers are familiar with the concept of...more

Wiley Rein LLP

Fraud Exclusion, California Insurance Code Section 533 Preclude Coverage for Arbitration Award

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A California federal court, applying California law, has held that an employment liability policy does not provide coverage for a judgment against the insured following an arbitrator’s finding of fraud....more

Wiley Rein LLP

“Theft of Funds” Exclusion Precludes Coverage Where All Underlying Claims “Arose Out of” Theft

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The United States District Court for the Southern District of Florida, applying Florida law, has held that a policy’s “theft of funds exclusion” precluded coverage for an insured law firm under its professional liability...more

Wiley Rein LLP

Excess Insurer Cannot Challenge Payments by Underlying Carriers

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A North Carolina federal court, applying North Carolina law, has held that an excess insurer may not challenge payments made by underlying carriers. The insured university faced separate lawsuits by two faculty members...more

Rivkin Radler LLP

New York Insurance Coverage Law Update - July 2022

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Second Circuit Holds That Insurer Precluded From Relying On Exclusions Because Unreasonably Delayed Disclaiming While Basis Was, Or Should Have Been, Apparent- In December 2015, Luis Alberto was working on a construction...more

Cozen O'Connor

Intentional Loss Exclusion Could Apply Even to Unintended Damage, Says the Tenth Circuit

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The Tenth Circuit recently held that, under Kansas law, an intentional loss exclusion precludes coverage for damage caused by an intentionally set fire even if the actual resulting damage is unintended. In Taylor et al. v. LM...more

Rivkin Radler LLP

New York Insurance Coverage Law Update - May 25 2022

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First Department Affirms That Business Interruption From COVID-19 Not Covered- The insured purchased a commercial property policy that included business interruption coverage for its restaurants. The restaurants were...more

Wiley Rein LLP

Applicability of Insured v. Insured Exclusion Can Be Determined By Reference to Complaint Alone

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The United States District Court for the Southern District of Indiana has held that an insured v. insured exclusion barred coverage for a lawsuit brought in the name of a music fraternity against its president and executive...more

Cozen O'Connor

Ninth Circuit Affirms Application of Goods & Products Exclusion

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On March 9, 2022, the U.S. Court of Appeals for the Ninth Circuit, in Sentynl Therapeutics, Inc. v. U.S. Specialty Ins. Co, 2022 WL 706941 (9th Cir. Mar. 9, 2022) (applying California law), affirmed a district court’s holding...more

Rivkin Radler LLP

New York Insurance Coverage Law Update — Compilation 2021

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...more

Rivkin Radler LLP

Insurance Update - January 2022

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Cases discussed in our January Insurance Update answer these questions: •A commercial crime policy covers property that the insured “holds for others.” In the context of a phishing scheme, does “hold” mean the insured...more

White and Williams LLP

The Complex Insurance Coverage Reporter – 2021 Year In Review

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Welcome to CICR’s annual recap of insurance cases you should know about — and others in the pipeline to watch. You can read about our selections for “Cases to Know” and “Cases to Watch” below. In the last year, we saw...more

White and Williams LLP

Delaware Superior Court Finds Pollution Exclusion Precludes Coverage for COVID-Related Claims

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LEAVES DOOR OPEN ON WHETHER THE PRESENCE OF COVID-19 VIRIONS IS DIRECT PHYSICAL LOSS OR DAMAGE - The Delaware Superior Court recently dismissed an amusement park operator’s bid for property damage insurance coverage for...more

Wiley Rein LLP

Insured Versus Insured Exclusion Does Not Bar Coverage for Claims Brought by Member of Insured LLC

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Applying Washington law, a federal district court has held that an insured versus insured exclusion does not bar coverage for claims asserted by a member of an insured limited liability company. Starr Indem. & Liab. Co. v....more

Wiley Rein LLP

Breach of Contract Exclusion Does Not Bar Coverage for Underlying Arbitration Award Against an Insured for Negligent...

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The First District Court of Appeal for the State of Florida, applying Texas law, affirmed a trial court’s order that held a breach of contract exclusion does not bar coverage for an underlying arbitration award against an...more

Wiley Rein LLP

Contract Exclusion Bars Coverage for Fraudulent Representation and Concealment Claims Arising from Purchase and Lease Agreements

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The United States District Court for the Central District of California, applying California law, has held that the contract exclusion of a private equity liability policy bars coverage for a lawsuit alleging fraudulent...more

Levenfeld Pearlstein, LLC

Insurance. Insurance Trusts. Insurance Trusts NOW.

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“Insurance.” The word itself evokes different reactions. The range of emotions expands when we mention “life insurance.” And if we add, trust – “life insurance trust” – you may just stop reading. But don’t. Now is exactly the...more

Wiley Rein LLP

Prior Knowledge Provisions Barred Coverage for Malpractice Claim Based on Pre-Policy Sanctions and Default Judgment

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The Montana Supreme Court has held that there was no coverage under a lawyers professional liability policy for a client’s malpractice claim because the lawyer knew of and failed to disclose, prior to the insured law firm’s...more

Butler Snow LLP

And Then There Were Three – the Tripartite Relationship in Insurance Liability Claims and What It Means for You

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In prior blogs, I have discussed liability insurance, including the application of the insuring agreement and exclusions to the existence of coverage, as well as litigating insurance coverage disputes. A related issue...more

Lowenstein Sandler LLP

Preparing For COVID-19 Insurance Claims

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The COVID-19 pandemic has created a public health and economic crisis of unprecedented magnitude. In the coming weeks and months, it will also lead to insurers, regulators and policyholders clashing over claims issues...more

Perkins Coie

COVID-19 Exclusions in Representation and Warranty Insurance Policies for M&A Transactions

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In response to the rapidly changing and unpredictable business environment resulting from the novel coronavirus (COVID-19) outbreak, underwriters of representation and warranty insurance (RWI) policies are introducing broad...more

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