News & Analysis as of

Motor Vehicles Policy Exclusions

Houston Harbaugh, P.C.

Pennsylvania Superior Court Finds Exclusion Of Stacking Void, Allowing The Insured To Stack UIM Benefits From The Policy From...

Houston Harbaugh, P.C. on

In Erie Insurance Exchange v. Hannah Baluch, ___ A.3d ___, 2025 WL 22562 (Pa. Super. Ct., Jan. 3, 2025), the Pennsylvania Superior Court addressed whether an insured with her own automobile insurance policy is entitled to...more

Zelle  LLP

The Fifth Circuit Finds CGL’s Motorized Vehicles Endorsement to Preclude Coverage for Drag Racing

Zelle LLP on

In what perhaps is truly a “sign of the times,” the Fifth Circuit recently analyzed whether a Commercial General Liability (“CGL”) policy covered drag racing events. See Kinsale Insurance Company v. Flyin' Diesel Performance...more

Marshall Dennehey

Three Recent Third Circuit Decisions Underline Validity of Regular Use Exclusion and Household Vehicle Exclusion—under the...

Marshall Dennehey on

Eberly v. LM Gen. Ins. Co., No. 21-2995 (3d Cir. Aug. 1, 2024); Burton v. Progressive Adv. Ins. Co., No. 23-1574 (3d Cir. Aug. 6, 2024); and Mid-Century Ins. Co. v. Werley, No. 23-1822 (3d Cir. Sept. 5, 2024) - In Eberly v....more

Marshall Dennehey

Regular Use Exclusion Lives—for Liability Claims, at Least

Marshall Dennehey on

Progressive’s insured, Frisbie, had been driving her brother’s vehicle for approximately a month while her own vehicle was experiencing mechanical issues. During this time, Frisbie had possession of her brother’s vehicle for...more

Carlton Fields

Common Sense Prevails Over Dictionary Definitions: Rolling Trash Bins Are Not ‘Vehicles’ Judge Explains

Carlton Fields on

A federal judge recently refused an insured’s attempt to escape a policy exclusion by contending that a large “storage bin” on wheels was a “vehicle” under an exception to the exclusion, which prohibited coverage for costs...more

Pillsbury - Policyholder Pulse blog

Bad Facts (Sometimes) Make Good Law – The Worst Texting and Driving Incident Still Does Not Defeat Coverage under NY Law

Insurance agreement language that precludes coverage in CGL policies for “expected or intended” injuries has been analyzed in nearly every jurisdiction, and courts have consistently held that bodily injury or property damage...more

Bradley Arant Boult Cummings LLP

Assessing Business Auto Coverage For Autonomous Vehicles

With the potential addition of autonomous cars and trucks to commercial fleets, commercial insureds should reassess coverage under their commercial auto, products liability and cyber insurance policies. Automation,...more

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